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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Cormier v. McRae, 609 A.2d 676 (1992)

Citation
Cormier v. McRae, 609 A.2d 676 (1992)
Parent Document
Cormier v. McRae, 609 A.2d 676 (1992)
Jurisdiction
DC (municipal)
Effective Date
1992-05-12

Full Text

1,080 chars
In this landlord's action for possession of an apartment, the trial court granted summary judgment for the tenant-appellee. The tenant successfully argued that, although he had received a 30-day "notice to cure or vacate" pursuant to D.C. Code § 45-2551(b) (1990) (Rental Housing Act of 1985), the landlord-appellant had failed to comply with the further requirement of D.C. Code § 45-1402 (1990) that a notice "to quit" a month-to-month tenancy must be given, not merely 30 days in advance of termination, but at least 30 days before the end of a rental period and thus at least 30 days before the date on which a new month-to-month tenancy would otherwise begin. To the contrary, the landlord argued that § 45-2551(b) supersedes — implicitly repeals — § 45-1402 as applied here, and thus that, in order to evict the tenant, the landlord was not required to provide a notice to quit expiring on the very day the lease had commenced. Although we analyze the issue somewhat differently from the landlord's approach, we agree that § 45-1402 is inapplicable. Accordingly, we reverse.