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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In February 1984, the tenant filed a motion for summary judgment, arguing that her landlord, as a matter of law, had waived his right to demand possession by accepting rent for a new term after the notice to quit had expired. The landlord filed a cross motion for summary judgment, claiming entitlement to possession, as a matter of law, because the tenant had acknowledged facts showing conclusively that the premises were overcrowded. The landlord also sought summary judgment on his tenant's counterclaim. He asserted that all the alleged code violations predated a November 1982 default judgment of possession against the tenant, that the tenant could have litigated those alleged violations at the time, and thus that res judicata barred relitigation through the present counterclaim.

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