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
Original Source: https://www.courtlistener.com/opinion/2298306/george-washington-university-v-... ↗

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The Javins court not only held that leases should be "interpreted and construed" as contracts, but indicated that all contract remedies, including specific performance, should be available in the event of a breach of the implied warranty. Id., 138 U.S.App.D.C. at 380 n. 61, 428 F.2d at 1082 n. 61. It is well established in contract law that, in the event of total breach, a party may elect to terminate the contract or, in the alternative, use the contract to sue for damages. 11 WILLISTON ON CONTRACTS § 1292 (3d ed. 1968). Accordingly, we hold that a tenant may use breach of the implied warranty of habitability as the basis for an affirmative action for damages in this jurisdiction.[5] In so holding we follow a growing number of jurisdictions that have extended this remedy to tenants. See, e.g., Jarrell v. Hartman, 48 Ill.App.3d 985, 6 Ill.Dec. 812, 363 N.E.2d 626 (1977); Mease v. Fox, 200 N.W.2d 791 (Iowa 1972); Boston Housing Authority v. Hemingway, 363 Mass. 184, 293 N.E.2d 831 (1973); Kline v. Burns, 111 N.H. 87, 276 A.2d 248 (1971); Berzito v. Gambino, 63 N.J. 460, 308 A.2d 17 (1973); Fair v. Negley, 257 Pa.Super. 50, 390 A.2d 240 (1978); Teller v. McCoy, 253 S.E.2d 114 (W.Va.1979). See also Schoshinski, American Law of Landlord and Tenant, § 3:21 (1980). III.

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