Section 11-735

Citation: Section 11-735
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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Appellant argued at trial that the complaint should be dismissed for failure to state a cause of action. He claimed, as noted above, that in the District of Columbia, the common law right of a landlord lawfully entitled to possession[1] to evict a tenant by effecting a peaceful[2] reentry survived the enactment of specific statutory remedies for reacquiring possession. Two cases, Burford v. Krause, 89 F.Supp. 818 (D.D.C.1950), and Snitman v. Goodman, D.C.Mun.App., 118 A.2d 394 (1955), were cited in support of this position. The trial court rejected this view, adopting instead the reasoning of Chief Judge Greene as set forth in Wheeler v. Thompson, 98 D.W.L.R. 41 (D.C.Gen.Sess., L&T No. 103875-69, Jan. 9, 1970). Before turning to these authorities, an outline of the historical background of this dispute may be helpful. A.

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