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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Ayers v. Landow, 666 A.2d 51 (1995)

Citation
Ayers v. Landow, 666 A.2d 51 (1995)
Parent Document
Ayers v. Landow, 666 A.2d 51 (1995)
Jurisdiction
DC (municipal)
Effective Date
1995-10-02

Other Sections in This Document (158)

Full Text

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As counsel for the tenant explicitly conceded at argument, the requirement of a notice to quit was initially designed to prevent "surprise" evictions, and to assure that a tenant would have notice before finding his *56 furniture on the street. See Davis v. Hunter, 104 Daily Wash.L.Rptr. 929, 934 (Super.Ct.D.C.1976); Hughes v. Johnson, 108 Daily Wash.L.Rptr. 1745, 1749 n. 7 (Super.Ct.D.C.1980). At common law, the landlord was entitled to use self-help to recover possession, see Snitman v. Goodman, 118 A.2d 394, 397-98 (D.C.1955), overruled by Mendes v. Johnson, 389 A.2d 781 (D.C.1978) (en banc), and the possibility that a tenant's belongings would be removed from the premises by the landlord was a realistic one. Since our decision in Mendes, however, a tenant cannot lawfully be dispossessed without the institution of suit, which will provide him with notice; if the landlord uses self-help, the tenant has a right to compensatory damages, and may be entitled to punitive damages and an award of counsel fees as well. See, e.g., Parker v. Stein, 557 A.2d 1319, 1321-22 (D.C.1989).