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/ ↗

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Although a case certified to the Civil Assignment Office shall be “scheduled for trial on an expedited basis,” Super.Ct. L & T R. 1, 6, the courts of this jurisdiction have recognized that the inevitable delay between the return date and trial, leaving the tenant in possession, justified creation of an “equitable remedy” — the protective order — to avoid putting the landlord “at a severe disadvantage during the period of litigation.” Bell v. Tsintolas Realty Co., 139 U.S.App.D.C. 101, 109, 430 F.2d 474, 482 (1970) (footnote omitted); accord Smith, 462 A.2d at 1134; Davis v. Rental Associates, Inc., 456 A.2d 820, 823 (D.C. 1983) (en banc) (plurality opinion). As we noted in our original opinion, moreover, this device also protects tenants, at least in nonpayment cases, from falling further in arrears and risking forfeiture of the lease. At 12. Such protective orders, of course, are now also commonly entered to cover the period between the summons and a bench trial when the tenant elects to keep a possessory action in the Landlord and Tenant Branch. E.g., Temple, 485 A.2d at 192; Goodwin, 456 A.2d at 1246.

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