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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (216)

Full Text

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Although the question has arisen infrequently, appellant's position is not without support in the case law of this jurisdiction. The first case squarely to address the issue was Burford v. Krause, supra, which involved a tenant of commercial property who sought to recover compensatory and punitive damages from his landlord who reentered the premises after breaking a lock and removed the plaintiff's possessions to a warehouse. The court noted that the common law rule permitting the use of "any force necessary to expel the tenant" had been "qualified to prevent physical violence, force and breach of the peace." Id. at 819. Nonetheless, it concluded that: