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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Golphin v. Park Monroe Associates, 353 A.2d 314 (1976)

Citation
Golphin v. Park Monroe Associates, 353 A.2d 314 (1976)
Parent Document
Golphin v. Park Monroe Associates, 353 A.2d 314 (1976)
Jurisdiction
DC (municipal)
Effective Date
1976-02-24

Other Sections in This Document (93)

Full Text

1,134 chars
Edwards involved a month-to-month tenant whose term could be ended only after a 30 day notice. Here, we have a fixed term lease and by statute (D.C. Code 1973, § 45-901) it is provided that the landlord is entitled to possession upon the expiration of the term without a notice to quit. This statutory provision presents a refinement not before the court in Edwards v. Habib, supra, but on this record we think Edwards requires the same result. It is important to bear in mind that the tenant here proffered that if the landlord had not sought to evict him for retaliatory reasons he would have remained as a month-to-month tenant in accordance with established policy after the expiration of *318this fixed term lease. This proffer we must accept as factual in this discussion. So we must view it as established here that notwithstanding the fixed term in the lease, appellant would have remained as a tenant but for his activities in tenant affairs and in reporting alleged housing violations.9 This being so this case does not present just a construction of the bare statutory provisions in § 45-901 relating to fixed term tenants.