Section 1639

Citation: Section 1639
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/ ↗

Full Text

1,027 chars

Practical considerations confirm our reading of the statute. Permitting the tenant to invoke his right to purchase by placing a statement of interest in the mail on the thirtieth day would create uncertainty and impose a significant additional burden on the owner, who would have to decide, without guidance from the statute, how long to wait before concluding that the tenant had not responded. In this case, for example, it apparently took two full weeks for the mail to arrive. Requiring the owner to choose between further, potentially costly, delay in the sale or redevelopment of his property and possibly violating TOPA would serve none of the Act's salutary purposes, see D.C.Code § 42-3401.02 (2001 & 2010 Supp.) (stating purposes of the legislation), and we have seen no evidence that the legislature intended this result. To the contrary, this language was adopted for the benefit of owners and to shorten the time in which they must remain uncertain whether the tenant will claim the right to purchase the property.

Other Sections in This Document (168)

Full Text