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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-25

Other Sections in This Document (206)

Full Text

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In Javins the Circuit Court, reasoning that "[t]oday's urban tenants, the vast majority of whom live in multiple dwelling houses, are interested, not in the land, but solely in `a house suitable for occupation,'" id., 138 U.S.App.D.C. at 376, 428 F.2d at 1078 (footnote omitted) (quoting Ingalls v. Hobbs, 156 Mass. 348, 31 N.E. 286 (1892)), held that "leases of urban dwelling units should be interpreted and construed like any other contract." Id., 138 U.S.App.D.C. at 373, 428 F.2d at 1075 (footnote omitted). Applying these principles to the lease before it, the court conditioned the tenant's obligation to pay rent upon, inter alia, the landlord's fulfillment of the implied warranty of habitability. The tenant in Javins was, therefore, allowed to assert breach of the implied warranty as a defense to the *47 landlord's suit for possession based on nonpayment of rent.