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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Javins v. First National Realty Corp., 428 F.2d 1071 (1970)

Citation
Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Parent Document
Javins v. First National Realty Corp., 428 F.2d 1071 (1970)
Jurisdiction
DC (municipal)
Effective Date
1970-05-07

Other Sections in This Document (106)

Full Text

601 chars
At trial, finder of fact must make two findings: (1) whether the alleged violations 63 existed during the period for which past due rent is claimed, and (2) what portion, if any or all, of *1083the tenant’s obligation to pay rent was suspended by the landlord’s breach. If no part of the tenant’s rental obligation is found to have been suspended, then a judgment for possession may issue forthwith. On the other hand, if the jury determines that the entire rental obligation has been extinguished by the landlord’s total breach, then the action for possession on the ground of nonpayment must fail.64