A March 1, 2008 Rental Agreement
In the absence of a controlling statute, the validity and construction of a tenancy agreement "are governed by substantive rules of contract law." Hart v. Vermont Inv.Ltd. *Page 6 Partnership, 667 A.2d 578 (D.C.App. 1995). "A contract modification may be written, oral, or implied from the actions of the parties." Fondedile, S.A. v. C.E. Maguire, Inc.,610 A.2d 87, 92 (R.I. 1992) (internal quotations omitted). "The party alleging the new contract bears the burden of proving the existence of the modification. Specifically, the party alleging the modification must demonstrate that the parties have both a subjective and objective intent to be bound by the contract's new terms." Id. Furthermore, "[w]hen a modification is made in contravention of an express written provision of an underlying contract, the party claiming the oral modification must show that the parties waived their contractual rights with respect to the express condition in the contract." Id.