Dunnington v. Thomas E. Jarrell Co.

3 Citing cases

  1. Habib v. Thurston

    517 A.2d 1 (D.C. 1985)   Cited 30 times
    Noting that a landlord's acceptance of rent after expiration of a notice to quit may amount to waiver of the right to demand possession

    The landlord is correct that the 1980 Act in effect creates, for all residential rental property in the District of Columbia, tenancies for a term of years, or periodic tenancies, terminable only on the occurrence of an event specified by statute (it does not, of course, create a life estate). See Dunnington v. Thos. E. Jarrell Co., 96 A.2d 274, 275 (D.C. 1953) (District of Columbia Emergency Rent Act (of 1941), codified, as amended, at D.C. Code § 45-1605 (1951), converts "monthly tenanc[ies]" into "indeterminate tenancies"); RESTATEMENT (SECOND) PROPERTY, LANDLORD AND TENANT § 1.7 comment e (1977) (tenancy subject to a condition subsequent). Accordingly, although the District of Columbia Code retains provisions, enacted years earlier, recognizing periodic tenancies, see, e.g., D.C. Code §§ 45-221, -1402 (1981) (month-to-month, quarter-to-quarter), as well as tenancies at will, D.C. Code §§ 45-222, -1403 (1981), or by sufferance, D.C. Code §§ 45-220, -1404 (1981), the 1980 Act in a number of ways supersedes them.

  2. Sobelsohn v. American Rental

    926 A.2d 713 (D.C. 2007)   Cited 15 times
    Suggesting warranty may be "limited to issues involving the physical condition of the premises"

    Indeed, such a right in the landlord may well exist in certain circumstances even in the absence of a lease provision. See Dunnington v. Thomas E. Jarrell Co., 96 A.2d 274 (D.C. 1953) (landlord had implied right to reenter premises to make necessary repairs in a rent-controlled building). As with other contracts, a residential lease must be interpreted to carry out the reasonable expectations of the parties.

  3. Cormier v. McRae

    609 A.2d 676 (D.C. 1992)   Cited 9 times
    Holding that tenant had received "more than 30 days" to correct violations of the lease, when the notice was served on February 27 and the complaint was filed on April 4

    These cases did not refer to the timing of such a notice, but because a statutory predecessor of § 45-1402 was on the books at the time of each decision, presumably the caselaw was referencing these statutory requirements (reflecting the common law), including the timing provisions. See Dunnington v. Thomas E. Jarrell Co., 96 A.2d 274, 275 (D.C. 1953) (because tenant had not used apartment in unlawful manner, court held tenant had not waived notice to quit "and consequently the tenant was entitled to a thirty days' notice"); Hall v. Henry J. Robb, Inc., 32 A.2d 707, 708 (D.C. 1943) (where tenant violated lease provision prohibiting subletting, court noted tenant's written waiver of notice to quit). But see Banks v. Torre, 56 A.2d 52 (D.C. 1947) (in suit for possession, where tenant operated shoe shine parlor on premises limited by lease to use as private dwelling, court sustained directed verdict for landlord with no mention of notice to quit).