Habib v. Thurston, 517 A.2d 1 (1986)

Citation: Habib v. Thurston, 517 A.2d 1 (1986)
Parent Document: Habib v. Thurston, 517 A.2d 1 (1986)
Jurisdiction: DC (municipal)
Effective Date: 1986-10-30
Original Source: https://www.courtlistener.com/opinion/1995493/habib-v-thurston/ ↗

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Accordingly, even though the 1980 Act should be understood to create a tenancy for a term of years, or a periodic tenancy, terminable only on the occurrence of an event specified by statute — such as the violation of an obligation of the tenancy, D.C. Code § 45-1561(b), supra note 2 — the common law rule is still applicable: “the receipt of rent by a landlord, after notice to quit, ... for a new term or part thereof, amounts to a waiver of his [or her] right to demand possession under that notice,” Byrne, 25 App.D.C. at 75,8 unless it is clear from all the circumstances that, by accepting rent from a holdover tenant, the landlord did not intend to waive an “expressed intention to enforce the lease.” Kaiser, 380 A.2d at 997.9 Nothing in the 1980 Act or its legislative history indicates that the Council of the District of Columbia has abrogated this common law rule which has long survived under periods of rent and housing controls. See, e.g., Dunnington, 96 A.2d at 274-75 & n. 2.

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