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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T R. 16(a) & (d) (respectively covering the issuance of additional or alias writs of restitution and providing for time limits and leave of court to obtain writs). Specifically, the tenant agreed to the one year pay-on-time provision, reserying remedies to the landlord for its breach, including “a waiver of his right to seek a stay or redeem any judgment entered based upon his failure to pay his rent timely as hereto agreed.” Since the agreement contemplated that the landlord could secure and execute on its judgment if the tenant breached the pay-on-time provision, the stay provision for the initial writ could not foreclose the landlord’s right to the issuance of a second writ upon a showing that the tenant breached the agreement. 11 III. Stay of Proceedings A. Need for a Drayton Stay

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