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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More specifically, he says, such cases are premised on an irrelevant analysis: that a 30-day notice to quit is itself legally sufficient *6 to terminate a month-to-month tenancy, that the tenancy therefore terminates upon expiration of the notice, and thus, that acceptance of rent for a future period must be interpreted as a waiver of the notice because (and only because) such acceptance creates a new term. See supra note 4. In contrast, says the landlord, the 1980 Act, by effectively creating an indeterminate tenancy, permits a landlord's notice to quit for breach of lease to survive the continued acceptance of rent, since such acceptance cannot be construed as a waiver of the notice (and the related breach) in the only manner justified at common law: creation of a new tenancy.

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