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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Block v. Gates, 68 A.2d 215 (1949)

Citation
Block v. Gates, 68 A.2d 215 (1949)
Parent Document
Block v. Gates, 68 A.2d 215 (1949)
Jurisdiction
DC (municipal)
Effective Date
1949-08-16

Full Text

1,309 chars
We agree that the exaction of the security deposit in the present case was a benefit to the landlord and a detriment to *218the tenant. It does not follow, however, that the tenant is entitled to recover twice the amount of such deposit. Under the agreement between the parties the landlord was to hold the deposit as security during the period of the occupancy, but he was to make repayment at the end of such tenancy in the event the rental agreement was performed by the tenant. In the present case the tenant violated the agreement by failing to pay rent after the first month of occupancy. In our opinion whatever amount is attributable to the use of the money exacted by the landlord constituted excess rent and therefore the tenant would be entitled to twice such excess. It is obvious, however, that in the present case such amount would be so small as to be negligible and therefore should be disregarded under the principle of de minimis non curat lex. We conclude that while the trial court was correct in ordering the return of the $32.50 deposited as security, the awarding of double that amount can not be sustained. This conclusion is in accord with the original position of defendants who in their counterclaim requested only that they be given credit for the security deposit without penalty.