Mendes v. Johnson, 389 A.2d 781 (1978)

Citation: Mendes v. Johnson, 389 A.2d 781 (1978)
Parent Document: Mendes v. Johnson, 389 A.2d 781 (1978)
Jurisdiction: DC (municipal)
Effective Date: 1978-06-13
Original Source: https://www.courtlistener.com/opinion/2073911/mendes-v-johnson/ ↗

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MACK, Associate Judge:
Appellant landlord seeks reversal of the judgment entered in favor of the appellee (plaintiff) in an action for unlawful eviction. He argues that the complaint failed to state a cause of action inasmuch as in evicting appellee, he was simply exercising the right of a landlord to use self-help to evict a tenant, a right recognized at common law and, according to appellant, still viable under the case law of this jurisdiction. Resolution of this question turns on whether or not the various statutory remedies for reacquiring possession have abrogated the common law right of self-help. In Section I, we hold that those statutory remedies are exclusive (overruling our prior decision to the contrary) and that an action will lie in tort against a landlord who evicts a tenant without legal process. In Section II, we analyze the issue of prospective versus retroactive application, and give this overruling decision partially retroactive application. In Section III, we treat the issue of punitive damages. We affirm the judgment of the trial court except as to the award of punitive damages.

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