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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In this case, there is no provision in the lease stating that acceptance of rent for a period after a breach, or after expiration of a related notice to quit, does not waive the landlord’s option to terminate. Moreover, the landlord concedes that the “December rent ... was subsequently paid.” At the time the tenant tendered the money order for the December rent, the landlord did not disclaim his intention to accept it as such, let alone express his intention to reserve the right, under the notice to quit, to terminate the lease for overcrowding. Compare Donnelly Realty Co., 78 R.I. 333, 335, 82 A.2d 173, 175 (1951) (no evidence that landlord, by unqualifiedly accepting rent in advance on date notice to quit was to become effective, did not intend to waive notice), with Rhodes, 310 A.2d at 251-52 (no intent to accept rent and thus no waiver of right to demand possession where landlord’s agent cashed tenant’s money order tendered as rent for term beyond expiration of notice to quit).

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