Section 45-1561

Citation: Section 45-1561
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/ ↗

Full Text

1,778 chars

. The landlord is correct that the 1980 Act in effect creates, for all residential rental property in the District of Columbia, tenancies for a term of years, or periodic tenancies, terminable only on the occurrence of an event specified by statute (it does not, of course, create a life estate). See Dunnington v. Thos. E. Jarrell Co., 96 A.2d 274, 275 (D.C. 1953) (District of Columbia Emergency Rent Act (of 1941), codified, as amended, at D.C.Code § 45-1605 (1951), converts "monthly tenancies]” into "indeterminate tenancies”); RESTATEMENT (SECOND) PROPERTY, LANDLORD AND TENANT § 1.7 comment e (1977) (tenancy subject to a condition subsequent). Accordingly, although the District of Columbia Code retains provisions, enacted years earlier, recognizing periodic tenancies, see, e.g., D.C. Code §§ 45-221, -1402 (1981) (month-to-month, quarter-to-quarter), as well as tenancies at will, D.C.Code §§ 45-222, -1403 (1981), or by sufferance, D.C.Code §§ 45-220, -1404 (1981), the 1980 Act in a number of ways supersedes them. We have ruled on several occasions that rent control statutes prevail over provisions adopted earlier that govern evictions, to the extent that the provisions conflict. See Merriweather v. D.C. Bldg. Corp., 494 A.2d 1276, 1279 (D.C.1985) (D.C.Code § 45-1561 (1981) supersedes D.C. Code §§ 45-222, -1403 (1981)); Adm'r of Veterans Affairs v. Valentine, 490 A.2d 1165, 1170 (D.C.1985) (per curiam) (same); Jack Spicer Real Estate, Inc. v. Gassaway, 353 A.2d 288, 291-92 (D.C.1976) (D.C. Rent Control Reg. No. 74-20 § 10 supersedes D.C.Code § 45-904 (1973)); Dunnington, 96 A.2d at 275 (under 1941 Act, as amended, landlords whose "monthly tenancies]” were converted into "indeterminate tenancies” have implied right to enter premises to prevent waste).

Other Sections in This Document (332)

Full Text