§ 37A

Citation: § 37A
Parent Document: Beltway Management Co. v. Lexington-Landmark Insurance, 746 F. Supp. 1145 (1990)
Jurisdiction: United States (federal)
Effective Date: 1990-09-19
Original Source: https://www.courtlistener.com/opinion/1757119/beltway-management-co-v-lexingt... ↗

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Landmark emphasizes that section 11(D)(2) lists three items: “wrongful entry or eviction or other invasion of the right of private occupancy.” Landmark reasons that the final item should read as a basket phrase, a catch-all meant to encompass the broader category of which the first two items, wrongful entry and wrongful eviction, are a part. Since both wrongful eviction and wrongful entry involve rights of possession, respectively the right to maintain possession and the right to sole possession, Landmark reasons that “other invasion^] of the right of private occupancy” \ must involve a similar invasion of possesso-ry rights. According to Landmark, “[a] typical example of such conduct would be improper entry by a landlord with a pass key or improper entry by a landlord without prior notice to the tenant.” Defendant’s Response to Plaintiff’s Motion for Partial Summary Judgment at 2. Apparently, then, invasions of the right of private occupancy would refer to actions that like use of a pass key might not technically constitute wrongful entry but are quite similar to the enumerated offenses. Because violations of the warranty of habitability have nothing to do with entry or with actual eviction, 15

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