Auger v. Tasea Investment Co., 676 A.2d 18 (1996)

Citation: Auger v. Tasea Investment Co., 676 A.2d 18 (1996)
Parent Document: Auger v. Tasea Investment Co., 676 A.2d 18 (1996)
Jurisdiction: DC (municipal)
Effective Date: 1996-05-16
Original Source: https://www.courtlistener.com/opinion/2099814/auger-v-tasea-investment-co/ ↗

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We should analyze this trial court ruling in depth, beginning with our standard of review. This court accepts the trial court’s findings of fact unless clearly erroneous or without evidentiary support, but we review the trial court’s legal conclusions de novo. See Bingham v. Goldberg, Marchesano, Kohlman, Inc., 637 A.2d 81, 89 (D.C.1994). We therefore must accept the trial court’s finding that the parties’ oral negotiations created a month-to-month tenancy at the “reasonable rate” of $500 per month unless it is clearly erroneous or without evidentiary support. On the other hand, the question whether a landlord unilaterally may raise the rent under a month-to-month tenancy without terminating the tenancy either through a legally valid, properly served notice to quit, or through a novation as part of a newly negotiated lease, is a question of law subject to review without deference to the trial court’s analysis.

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