Tippett v. Daly, 10 A.3d 1123 (2010)

Citation: Tippett v. Daly, 10 A.3d 1123 (2010)
Parent Document: Tippett v. Daly, 10 A.3d 1123 (2010)
Jurisdiction: DC (municipal)
Effective Date: 2010-12-30
Original Source: https://www.courtlistener.com/opinion/2551230/tippett-v-daly/ ↗

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The owner argues that the trial court erred both in calculating the time within which the tenant was required to provide his statement of interest and in holding that the tenant had “provided” that statement when he mailed it on May 18. The tenant wisely concedes error on the first point. The statute states that, “[u]pon receipt” of the written offer of sale, the tenant shall have thirty days to provide a written statement of interest. D.C.Code § 42-3404.09(1) (2001). The tenant testified, and it was undisputed at trial, that he received the offer on April 30. Thus, the tenant had thirty days from April 30 (until May 30) to provide a statement of interest. TOPA has its own provision for calculating time periods, see D.C.Code § 42-3405.02 (2001),5 and the trial court erred in relying on a rule of civil procedure to extend the time prescribed by statute. See D.C.Code § 42-3405.11 (2001) (“If this chapter conflicts with another provision of law of general applicability, the provisions of this chapter control.”) (emphasis added); Super. Ct. Civ. R. 1 (2001) (the rules of civil procedure only govern procedure in suits of a civil nature). B. What Does the Statute Require?

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