Aleti v. Metropolitan Baltimore, LLC

Summary

The court held that Baltimore City Code Article 13, § 5-4(a)(2) does not create an implied private right of action allowing tenants to recover rent or related fees paid while a landlord was unlicensed, absent allegations of injury or deficient performance. It also held that the tenants could not recover rent or related fees through money had and received or breach of contract because the landlord provided the bargained-for occupancy and the tenants alleged no material breach or cognizable damages. The court nevertheless held that the tenants sufficiently pleaded money had and received as to legal fees collected in connection with unlawful nonpayment actions filed while the landlord was unlicensed. The court remanded the declaratory-judgment count for further proceedings; no separate opinions are included in the supplied record.