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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

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*320 The majority observes that the appellee gave advance notice to vacate at the end of the term. Since post-term notice, absent acceptance of rent for post-term occupancy, does not create a holdover leasehold (Williams v. John F. Donohoe & Sons, Inc., D.C.Mun.App., 68 A.2d 239 (1949)), it would seem that our holding must be confined to cases where notice is given during the existence of the tenancy. How else, except by this dubious reasoning, can housing regulations, applicable only to landlords and tenants, be held to apply? Moreover, it also is to be expected that fixed-term lease provisions may now be modified to eliminate a month-to-month holdover provision. In such cases, it would seem that a demand for possession upon expiration of the term could not be stalled by a proffer of retaliatory motive for refusal to renew. It is to be hoped that our holding will be confined to its precise facts.