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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. We recognize that the matter is legally complex. The tenant’s payments into the registry— as in this case — may conform exactly to the monthly rent payable under the lease. In other instances, however, the payments may be less because the tenant has convinced the court, at the time the protective order was entered or thereafter, that there were code violations justifying smaller payments for the time being. Accordingly, in a case where the fund in the registry does not correspond to the rent due for the litigation period under the terms of the lease, there is a nice question whether a McNeal hearing on disbursement of that fund must resolve the ultimate question of the landlord’s right to a particular amount of rent for the litigation period (or, in the case of a holdover tenant, of the landlord’s right to damages for the tenant’s continued use and occupancy of the premises). See Management Partnership, Inc. v. Garris, 109 Daily Wash.L. Rptr. 789, 793-94 (D.C.Super.Ct. Mar. 17, 1981). The answer, as elaborated below, has to be "yes."

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