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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This case is indistinguishable from Temple. At the time the court granted the tenant's summary judgment motion, she had voluntarily dismissed all defenses, as well as her counterclaim, based on housing code violations. Therefore, whether the tenant's payments into the registry should be characterized as "rent" due under a subsisting tenancy, or characterized instead as the reasonable value of the premises during her continued use (the description commonly used for payments due from a holdover tenant), she had asserted no claim tending to show that the landlord was entitled to less than the amount paid into the registry.[16] Accordingly, "[w]here, *14 as here, ... no entitlement to an offset is even alleged, the court may properly release the funds in the registry to the landlord without an evidentiary hearing." City Wide Learning Center, Inc., 488 A.2d at 1314 (citation omitted).

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