Ricchetti, C. v. Ellis, G, Ricchetti, C. v. Ellis, G No. 353 EDA 2015

In March 2013 Christopher Richetti (landlord/plaintiff) sued Glenn and Carly Ellis (tenants/defendants) in municipal court; judgment for Richetti led to an action in common pleas for unpaid rent, attorney’s fees, fines, and property damage after the Ellises vacated in April 2013.
Lease ran July 2012–July 2013 for $2,550/month. Richetti obtained housing inspection licenses and certificates of rental suitability at various times and delivered a certificate and the City handbook to the property on December 17, 2012.
Dispute facts: alleged tenant nonpayment (Jan–Mar 2013), bounced check, trash violations, and property damage after tenants left; tenants asserted landlord misconduct and delayed receipt of certificate/handbook.
At trial the jury awarded Richetti damages (initially ~$26,951.08, molded to $21,601.08) for unpaid rent, attorney fees, and repairs; the jury rejected tenants’ counterclaims seeking return of rent and quiet-enjoyment damages.
Post-trial motions by the Ellises were denied; they appealed raising multiple claims including nonsuit/ JNOV challenges, and that the landlord could not recover rent or fees for periods when he lacked required licenses/certificates.

Issue	Plaintiff's Argument (Richetti)	Defendant's Argument (Ellis)	Held
Whether nonsuit on attorney’s fees should have been granted	Fees were recoverable and supported by evidence	Lease didn’t expressly allow fees; fees were unreasonable/not tied to breach	Moot: denial of nonsuit rendered unappealable after defendants testified; no reversal
Whether landlord may recover rent/fees for periods before he had license/certificate	Lease valid; landlord cured noncompliance by later providing certificate and handbook and may collect unpaid rent	Landlord cannot maintain claim for rent/fees for periods before required certification/licensure	Court: Code doesn’t void lease or bar recovery of back rent once landlord obtains certificate; landlord entitled to unpaid rent after compliance
Whether nondismissal (nonsuit/JNOV) appropriate on breach of contract claim	Richetti presented prima facie breach (lease, breach, damages)	Lease invalid due to Code noncompliance/public policy; subsequently obtained compliance insufficient	Denial of nonsuit/JNOV not reversible—issues rendered moot by defendants’ subsequent presentation of evidence; credibility questions for jury
Whether tenants’ claims for disgorgement of illegal rents and evidentiary/procedural errors warrant relief	N/A (Richetti opposed)	Sought disgorgement and new trial for procedural/evidentiary errors	Disgorgement argument waived for lack of authority; evidentiary claims waived for failure to preserve in post-trial motion; appeal denied

Dietzel v. Gurman, 806 A.2d 1264 (Pa. Super. 2002) (standards for compulsory nonsuit)
Williams v. A‑Treat Bottling Co., Inc., 551 A.2d 297 (Pa. Super. 1988) (denial of nonsuit is unreviewable if defendant presents evidence afterward)
Commonwealth v. Estman, 868 A.2d 1210 (Pa. Super. 2005) (appellate review of statutory interpretation is de novo)
Rittenhouse v. Barclay White, Inc., 625 A.2d 1208 (Pa. Super. 1993) (lease not void for code violation where performance would not contravene statute and permit likely obtainable)
Ecksel v. Orleans Const. Co., 519 A.2d 1021 (Pa. Super. 1987) (credibility determinations by jury will not be disturbed absent manifest error)
Paul v. Lankenau Hosp., 569 A.2d 346 (Pa. 1990) (requirements for specificity in post-trial motions)
Commonwealth v. Knox, 50 A.3d 732 (Pa. Super. 2012) (requirement that appellate arguments include pertinent authority)
Becker v. Reilly, 123 A.3d 776 (Pa. Super. 2015) (orders denying post-trial motions are interlocutory; judgment is final appealable order)