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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While this reasoning may be theoretically correct, the landlord may have a different approach. A landlord with a notice claim may wish to obtain a protective order, instead of continuing to receive rent directly, in anticipation that the tenant may default on the payments into the registry. If that were to happen, the landlord could move to strike the tenant's pleadings in the notice case with the hope of prevailing without trial of the notice issue. See Davis v. Rental Associates, Inc., 456 A.2d 820 (D.C.1983) (en banc) (plurality opinion). The landlord's motion to strike could not be granted summarily, however; the trial court must carefully scrutinize the reasons for the tenant's default and may under the circumstances, deny the motion. See Battle v. Nash, 470 A.2d 1252 (D.C.1983); Davis, 456 A.2d at 831, 832-34 (Ferren, J., concurring in result).

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