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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tamamian v. Gabbard, 55 A.2d 513 (1947)

Citation
Tamamian v. Gabbard, 55 A.2d 513 (1947)
Parent Document
Tamamian v. Gabbard, 55 A.2d 513 (1947)
Jurisdiction
DC (municipal)
Effective Date
1947-11-12

Full Text

900 chars
Plainly, in the ordinary case of a roomer there is no forcible entry and detainer; nor is there unlawful entry, without force, and a forcible detainer. This leaves only the case of unlawful detention by a tenant after expiration of his tenancy. As we have already seen, however, a roomer is not a tenant and has no tenancy. We, therefore, fail to see how an action under this section could be sustained against a roomer, and as this is our only statute relating to summary possession, we conclude that the trial court was in error in instructing the jury that it was necessary to institute court proceedings against plaintiff for possession of the room. In some jurisdictions the forcible entry and detainer statute is so broadly worded as to include an action against a roomer15 but our statute contains no such broad provisions. Perhaps it should, but if so that is a matter for legislative action.