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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

BORGER MANAGEMENT, INC. v. Nelson-Lee, 959 A.2d 694 (2008)

Citation
BORGER MANAGEMENT, INC. v. Nelson-Lee, 959 A.2d 694 (2008)
Parent Document
BORGER MANAGEMENT, INC. v. Nelson-Lee, 959 A.2d 694 (2008)
Jurisdiction
DC (municipal)
Effective Date
2008-10-30

Other Sections in This Document (30)

Full Text

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The sole issue in this appeal is whether the Rental Housing Act of 1985 requires a landlord, before suing for possession, to provide tenants with an opportunity to cure violations of tenancy obligations when six months earlier the landlord gave notice of similar violations, which the tenant cured. Appellant Borger Management invites us to read the statutory language broadly and require only one notice to cure before a landlord may issue a notice to quit for a subsequent violation, even if the tenant has cured within the thirty-day cure period. We conclude that once prior violations have been sufficiently cured, landlords are required to give tenants thirty days to cure any subsequent violations. However, when there is a similar repeat violation after the initial thirty-day period, we further conclude that the Rental Housing Act allows for a fact sensitive inquiry into whether a tenant has effectively