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 the present case, however, the tenant prevailedthe lease remained in effect and thus the payments into the registry, as it turned out, theoretically retained their status as "rent" rather than becoming merely a fund subject to a claim for unliquidated damages. See at 13 n. 16. The trial court, therefore, absent an extension of McNeal, would not necessarily have had to consider alleged code violations, since rent was a contracted amount, unlike the damages attributable to a holdover tenant.[12] This formalistic difference, however, between the court's award of unliquidated "damages" or contractual "rent," depending on the outcome of the landlord's action, should not determine whether a tenant has a right to assert code violations at a McNeal hearing in a notice case; there is no principled basis for granting the tenant a lesser right in a case where she prevails than in one where she loses.

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