DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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/ ↗

Other Sections in This Document (332)

Full Text

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. In a nonpayment case, the landlord may seek possession without claiming arrearages, and, even when arrearages are sought, the money escrowed by the tenant during the litigation period does not, and legally cannot, include sums alleged due in the landlord’s complaint. Bell, 139 U.S.App.D.C. at 110, 430 F.2d at 483. Thus, even when nonpayment is alleged as the basis for a possessory action, the McNeal hearing addresses only the rent claimed due after the return date, during the litigation period. Similarly, funds deposited under a protective order in a notice case have no legal relationship whatsoever to the possessory action.