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/ ↗

Full Text

1,024 chars

We believe the tenant's critique, on rehearing, is persuasive; the analysis in Part IV of our original opinion was wrong. In McNealexclusively a notice casethis court noted, as we have earlier in this opinion, that the tenant's code violation defenses were irrelevant because the landlord had not alleged nonpayment of rent. The court added, however, that once a tenant demands a trial on the return date, "future payments of rent (or perhaps more accurately payments for the continued use or occupancy of the premises, since the landlord seeks to remove the tenant) become *18 involved." McNeal, 346 A.2d at 514. Accordingly, while code violations "were irrelevant to the 30-day notice to quit, they may well have significance as to the post-return date payment for the tenant's continued use and occupancy of the premises pending the conclusion of the proceeding." Id. Thus, a post-trial, evidentiary hearing on disbursement of funds in the registry under the protective order is required as a matter of due process. Id.

Other Sections in This Document (332)

Full Text