If my landlord sued me in small claims and won but he did not have a business license to operate, can I contest?

UPDATED: Apr 4, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 4, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my landlord sued me in small claims and won but he did not have a business license to operate, can I contest?

I was evicted for having a pet after I was told by a leasing agent I could. Then 3 days after moving in they said I couldn’t and tried to evict me. I moved and eviction dismissed however he sued in small claims court and won the years rent he would have gotten from me if I had stayed. I now find he has no business license to operate his many rental properties (mostly apartments) in my city. Can I protest the judgment due to the fact he was operating illegally at the time?

Asked on April 4, 2012 under Real Estate Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can certainly try to protest the judgment but keep in mind that if the apartment is in his name, and not in a company name, then he may not need a business license to operate tenancies. You need to check with a local business incubator about the requirements. If he won in small claims court for the years rent, seems to me this would be over the small claims amount. Have you considered appealing the judgment based on the previous decision by the landlord tenant court? You may wish to pursue this on the ground of a previous court's ruling but ultimately, if you left the apartment despite the dismissal, then the issue still lies with you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption