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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*7The question therefore becomes whether a landlord who receives rent tendered for a period after expiration of a notice to quit actually intends to accept it as such, see Rhodes, 310 A.2d at 251-52, and, if so, has implicitly waived the notice or, instead, has accepted the rent without prejudice by expressly reserving the right to enforce the notice to quit. See Kaiser, 380 A.2d at 997. These are questions of fact, see Rhodes, 310 A.2d at 252, with the landlord having the burden of rebutting the implication that, in receiving funds tendered as future rent, he intended to waive termination of the lease. See In re Wil-Low Cafeterias, 95 F.2d at 309. The trier’s findings will not be disturbed on appeal unless plainly wrong or without evidentiary support. See Rhodes, 310 A.2d at 252; D.C.Code § 17-305(a) (1981).

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