Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)

Citation: Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)
Parent Document: Akassy v. William Penn Apartments Ltd. Partnership, 891 A.2d 291 (2006)
Jurisdiction: DC (municipal)
Effective Date: 2006-02-02
Original Source: https://www.courtlistener.com/opinion/2167433/akassy-v-william-penn-apartment... ↗

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The tenant makes several arguments in support of his position that the trial court erred in setting aside the stay of the writ of eviction based upon his refusal to pay the amount of the rental increase. Specifically, he contends that: (1) the consent agreement is ambiguous with respect to whether the term “rent” included future increases; (2) the agreement requires him to pay only the amount of rent in effect at the time he entered it; (3) the agreement is invalid and unenforceable because it prevents him from exercising his right to challenge the increase; (4) the agreement resulted from a mistake of fact, and therefore, should have been set aside; and (5) he complied with those terms of the agreement that entitled him to a permanent stay of eviction. The landlord responds that there is no ambiguity in the agreement; that the agreement does not preclude lawful rent increases or the filing of a new writ of eviction upon breach of its terms; and that the agreement did not infringe upon the tenant’s right to challenge the increase. A. Ambiguity

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