PART V.--GENERAL STATUTES
TITLE 45
REAL PROPERTY
CHAPTER 14
LANDLORD AND TENANT
Notice to quit - Unnecessary with lease for certain term;
landlord's right to immediate possession.
When real estate is leased for a certain term no notice to quit
shall be necessary, but the landlord shall be entitled to the
possession, without such notice, immediately upon the expiration of
the term. Title 45, Chap. 14, § 45-1401
Same - Month to month or quarter to quarter tenancy;
expiration of notice.
A tenancy from month to month, or from quarter to quarter, may
be terminated by a 30 days notice in writing from the
landlord to the tenant to quit, or by such a notice from the tenant
to the landlord of his intention to quit, said notice to expire, in
either case, on the day of the month from which such tenancy
commenced to run. Title 45, Chap. 14, § 45-1402
Notice of termination - Tenancies at will.
A tenancy at will may be terminated by 30 days notice in writing
by either landlord or tenant. Title, 45, Chap. 14, § 45-1403
Same - Tenancies by sufferance; apportionment of rent.
A tenancy by sufferance may be terminated at any time by a
notice in writing from the landlord to the tenant to quit
the premises leased, or by such notice from the tenant to the
landlord of his intention to quit on the 30th day after the day of
the service of the notice. If such notice expires before any
periodic instalment of rent falls due, according to the terms of the
tenancy, the landlord shall be entitled to a proportionate part of
such instalment to the date fixed for quitting the premises. Title
45, Chap.14, § 45-1404
Notice not to be recalled without consent; effect of
expiration of notice.
Neither landlord nor tenant, after giving notice as aforesaid,
shall be entitled to recall the notice so given without the consent
of the other party, but after the expiration of the notice given by
the tenant as aforesaid the landlord shall be entitled to the
possession as if he had given the proper notice to quit; and after
the expiration of the notice given by the landlord as aforesaid the
tenant shall be entitled to quit as if he had given the proper
notice of his intention to quit. Title 45, Chap. 14, § 45-1405
Service of notice to quit.
Every notice to the tenant to quit shall be served in English
and Spanish upon him personally, if he can be found, and if
he can not be found it shall be sufficient service of said notice to
deliver the same to some person of proper age upon the premises, and
in the absence of such tenant or person to post the same in some
conspicuous place upon the leased premises. If the notice is posted
on the premises, a copy of the notice shall be mailed first class
U.S. mail, postage prepaid, to the premises sought to be recovered,
in the name of the person known to be in possession of the premises,
or if unknown, in the name of the person occupying the premises,
within 3 calendar days of the date of posting. Title 45, Chap. 14,
§ 45-1406
Refusal to surrender possession; double rent.
If the tenant, after having given notice of his intention to
quit as aforesaid, shall refuse, without reasonable excuse, to
surrender possession according to such notice, he shall be liable to
the landlord for rent at double the rate of rent payable according
to the terms of tenancy for all the time that the tenant shall so
wrongfully hold over, to be recovered in the same way as the rent
accruing before the termination of the tenancy. Title 45, Chap. 14,
§ 45-1407
Parties may agree to alternate notice provisions; waiver.
Nothing herein contained shall be construed as preventing the
parties to a lease, by agreement in writing, from
substituting a longer or shorter notice to quit than is above
provided or to waive all such notice. Title 45, Chap. 14, § 45-1408
Recovery of real and personal property leased together.
Whenever real and personal property are leased together, as, for
example, a house with furniture contained therein, the landlord,
either in an action of ejectment or in the summary proceeding for
possession, in the Superior Court of the District of Columbia, may
have a judgment for recovery of the personalty as well as the
realty. Title 45, Chap. 14, § 45-1409
Action in ejectment - When proper.
Whenever a lease for any definite term shall expire, or any
tenancy shall be terminated by notice as aforesaid, and the tenant
shall fail or refuse to surrender possession of the leased premises,
the landlord may bring an action of ejectment to recover possession
in the Superior Court of the District of Columbia. Title 45, Chap.
14, § 45-1410
Same - Claims for arrears of rent, double rent, and waste;
jurisdiction of court; money judgment.
In either case the landlord may join with his claim for recovery
of the possession of the leased premises a claim for all arrears of
rent accrued to the termination of the tenancy, and, when the tenant
has given the notice, for double rent from the termination of the
tenancy to the verdict, or judgment, if the trial be by the court
and for damages for waste; provided, that in such action before the
Superior Court of the District of Columbia the amount so claimed
shall be within its jurisdiction. If judgment for possession be
rendered in favor of the plaintiff, he shall be entitled, at the
same time, to a judgment for said arrears of rent, and for said
double rent, as the case may be, to the date of the verdict or
judgment as aforesaid, and for damages for waste. Title 45, Chap.
14, § 45-1411
Consolidation of actions for arrears of rent and
possession.
If actions be brought separately for arrears of rent and for the
possession, they may be afterwards consolidated and 1 judgment
rendered in them for the possession and also for the rent. Title 45,
Chap. 14, § 45-1412
Landlord's lien for rent - Time of existence.
The landlord shall have a tacit lien for his rent upon such of
the tenant's personal chattels, on the premises, as are subject to
execution for debt, to commence with the tenancy and continue for 3
months after the rent is due and until the termination of any action
for such rent brought within said 3 months. Title 45, Chap. 14, §
45-1413
Same - How enforced.
The said lien may be enforced:
(1) By attachment, to be issued upon affidavit that the rent is
due and unpaid; or, if it be not due, that the defendant is about to
remove or sell some part of said chattels;
(2) By judgment against the tenant and execution, to be
levied on said chattels, or any of them, in whosesoever hands they
may be found;
(3) By action against any purchaser of said chattels, with
notice of the lien, in which action the plaintiff may have judgment
for the value of the chattels purchased by the defendant not
exceeding the rent in arrear. Title 45, Chap. 14, § 45-1414
Same - When attachment issuable; executing officer's power
of entry.
Such attachment may be issued in any action for the recovery of
the possession of the leased premises by the landlord, in
which the rent in arrear, or double rent, or both, shall be claimed
as aforesaid, and it shall be lawful for any officer to whom the
writ of attachment shall be delivered to be executed to break open
an outer or inner door when necessary to the execution of the same.
Title 45, Chap. 14, § 45-1415
Same - Property subject to lien not to be executed on by
another without payment of rent due; when rent in arrears exceeds 3
months.
No goods or chattels whatsoever, lying or being in or upon any
messuage, lands, or tenements, which are or shall be leased
for life or lives, term of years, at will, or otherwise, shall be
liable to be taken by virtue of any execution on any pretence
whatsoever, unless the party at whose suit the said execution is
sued out, shall before the removal of such goods from off the said
premises, by virtue of such execution or extent, pay to the landlord
of the said premises, or his bailiff, all such sum or sums of money
as are or shall be due for rent for the said premises at the time of
the taking such goods or chattels by virtue of such execution;
provided, the said arrears of rent do not amount to more than 3
months rent, and in case the said arrears shall exceed 3 months
rent, then the said party, at whose suit such execution is
sued out, paying the said landlord, or his bailiff, 3 months rent,
may proceed to execute his judgment as he might have done before the
making of this section; and the marshal is hereby empowered and
required to levy and pay to the plaintiff as well the money so paid
for rent, as the execution money. Title 45, Chap. 14, § 45-1416
Distress not unlawful and party making it not trespasser
ab initio because of irregularity; special damages recoverable;
costs; tender of amends defeats recovery.
Where any distress shall be made for any kind of rent justly
due, and any irregularity or unlawful act shall be afterwards done
by the party or parties distraining, or by his, her, or their
agents; the distress itself shall not be therefore deemed to be
unlawful, nor the party or parties making it be deemed a trespasser
or trespassers ab initio; but the party or parties aggrieved by such
unlawful act or irregularity shall or may recover full satisfaction
for the special damage he, she, or they shall have
sustained thereby, and no more, in an action of trespass or on the
case at the election of the plaintiff or plaintiffs; provided
always, that where the plaintiff or plaintiffs shall recover in such
action, he, she, or they shall be paid his, her, or their full costs
of suit, and have all the like remedies for the same as in other
cases of costs; provided nevertheless, that no tenant or tenants,
lessee or lessees, shall recover in any action for any such unlawful
act or irregularity as aforesaid, if tender of amends hath been made
by the party or parties distraining, his, her, or their agent or
agents, before such action brought. Title 45, Chap.
14, § 45-1417
Fraudulent removal, conveyance, or concealment of property
to defeat lien subjects guilty party to forfeiture of double value
of such property.
If any tenant or lessee shall fraudulently remove and convey
away his or her goods or chattels, or if any person or
persons shall wilfully and knowingly aid or assist any such tenant
or lessee in such fraudulent conveying away or carrying off of any
part of his or her goods or chattels, or in concealing the same; all
and every person or persons so offending shall forfeit and pay to
the landlord or landlords, lessor or lessors, from whose estate such
goods and chattels were fraudulently carried off as aforesaid,
double the value of the goods by him, her or them respectively
carried off or concealed as aforesaid; to be recovered by action of
debt in any court of record. Title 45, Chap. 14, § 45-1418
Representatives of life tenant may recover proportion of
rent from under-tenant.
Where any tenants for life shall happen to die before or on the
day, on which any rent was reserved or made payable upon any demise
or lease of any lands, tenements, or hereditaments, which determined
on the death of such tenant for life, the executors or
administrators of such tenant for life shall and may in an action on
the case recover of and from such under-tenant or under-tenants of
such lands, tenements, or hereditaments, if such tenant for life
dies on the day on which the same was made payable the whole, or if
before such day then a proportion, of such rent according to the
time such tenant for life lived, of the last year, or quarter of a
year or other time in which the said rent was growing due as
aforesaid, making all just allowances or a proportionable part
thereof respectively. Title 45, Chap. 14, § 45-1419
Action in debt may be brought for rent in arrears under
lease or demise for life.
It shall and may be lawful for any person or persons, having any
rent in arrear, or due upon any lease or demise for life or lives,
to bring an action or actions of debt for such arrears of rent, in
the same manner they might have done, in case such rent were due,
and reserved upon a lease for years. Title 45, Chap. 14, §
45-1420
Action by landlord for use and occupation of property
where no deed; parol agreement as evidence of quantum of damages.
It shall and may be lawful to and for the landlord or landlords,
where the agreement is not by deed, to recover a reasonable
satisfaction for the lands, tenements, or hereditaments, held or
occupied by the defendant or defendants, in an action on the case,
for the use and occupation of what was so held or enjoyed; and if in
evidence on the trial of such action any parol demise or any
agreement (not being by deed) whereon a certain rent was reserved
shall appear, the plaintiff in such action shall not therefor be
nonsuited, but may make use thereof as an evidence of the quantum of
the damages to be recovered. Title 45, Chap. 14, § 45-1421
Leases under control of mentally handicapped - Surrender
and renewal; committee or guardian; court order.
In all cases where any lunatic is or shall be entitled, or has
right to renew any lease or leases made or granted, or to be made or
granted, for the life or lives of 1 or more person or persons, or
for any term or number of years, absolute or determinable on the
death of 1 or more person or persons, or otherwise; it shall and may
be lawful to and for such lunatic, or his or her guardian or
guardians, committee or committees, of his estate, in his, her, or
their name or names, by the direction of the chancellor, signified
by an order made on hearing all parties concerned, upon petition, in
a summary way, from time to time, to accept of a surrender or
surrenders of such lease or leases; and to make and execute to any
person or persons, bodies politic, or corporate or collegiate,
aggregate or sole, a new lease or leases of the premises
comprised in such lease or leases so to be surrendered by virtue of
this section, for and during such number of lives, or for such term
or terms of years, determinable upon such number of lives, or for
such term or terms of years absolute, as was or were mentioned or
contained in such lease or leases so surrendered, at the making
thereof, or otherwise, as the chancellor for the time being, by any
such order, so to be obtained as aforesaid, shall direct. Title 45,
Chap. 14, § 45-1422
Same - Lease pursuant to provisions of § 45-1422 valid.
All and every such lease or leases so to be made or executed as
aforesaid, shall be and be deemed as good and valid, and effectual
in the law, to all intents and purposes, as if such lunatic was at
the time of making or executing thereof of sane mind, and had
executed the same in his or her own proper person. Title 45, Chap.
14, § 45-1423
Same - Money received for renewal paid to guardian for
benefit of handicapped; characterization of money at death of
handicapped.
All fines, premiums, foregifts, and sums of money, which shall
or may be had, received, or paid for, or on account of the renewing
of any such lease or leases as aforesaid, shall (after a deduction
of all necessary incident charges and expenses) be paid to the
guardian or guardians, committee or committees, of the said lunatic,
and be applied and disposed of for the benefit of such lunatic, in
such manner as the chancellor shall direct: but, upon the death of
such lunatic or lunatics, all such sum or sums of money as shall
arise by such fines, premiums, or foregifts, or so much as shall
remain unapplied for the benefit of such lunatic or lunatics, at
his, her or their death, shall, as between the representatives of
the real and personal estates of all such lunatics, be considered as
real estate, unless such lunatic or lunatics shall be tenants for
life only; and then the same shall be considered as personal estate.
Title 45, Chap. 14, § 45-1424
Lease held by infant or mentally handicapped - Surrender
and renewal; guardian or committee; court order.
In all cases where any person under the age of 18 years, or any
lunatic, is or shall become interested in or entitled to any lease
or leases made or granted, or to be made or granted, by any person
or persons, bodies politic, corporate or collegiate, aggregate or
sole, for the life or lives of 1 or more person or persons, or for
any term of years, either absolute or determinable upon the death of
1 or more person or persons or otherwise, it shall and may be lawful
for such person under the age of 18 years, or for his or her
guardian or guardians, or other person or persons on his or her
behalf, and for such lunatic, or his or her guardian or guardians,
committee or committees of the estate, or other person or persons on
his or her behalf, to apply to the court of chancery by petition or
motion, in a summary way, and by the order and direction of the said
court made, upon hearing all parties concerned, such
person under the age of 18 years, and such lunatics, or person
or persons appointed by the said courts respectively, by deed or
deeds only, shall and may be enabled, from time to time, to
surrender such lease or leases, and accept and take, in the name,
and for the benefit of such person under the age of 18 years, or
lunatic, 1 or more new lease or leases of the premises comprised in
such lease or leases surrendered by virtue of this section for and
during such number of lives, or for such term or terms of years,
determinable upon such number of lives, or for such term or terms of
years absolute, as was or were mentioned or contained in such lease
or leases so surrendered, at the making thereof respectively, or
otherwise as the said court shall respectively direct. Title 45,
Chap. 14, § 45-1425
Same - Costs of renewal chargeable to estate of infant or
handicapped or deemed charge upon leasehold.
All and every sum and sums of money and other consideration,
paid or advanced by any such guardian, trustee, committee
or other person, for or on account of the renewal of any such lease
or leases, and all reasonable charges incident thereto, shall be
paid out of the estate or effects of the infant or lunatic for whose
benefit the said lease or leases shall be renewed, or shall be a
charge and incumbrance upon the leasehold premises, together with
interest for the same, as the said court shall direct and determine.
Title 45, Chap. 14, § 45-1426
Same - New leases to be of same nature and subject to same
liabilities as surrendered leases.
The respective leases to be so renewed, shall operate, and be to
the same uses, and be liable to the same trusts, charges,
incumbrances, dispositions, devises and conditions, as the leases to
be, from time to time, surrendered as aforesaid, were or would have
been subject to, in case such surrender had not been made. Title 45,
Chap. 14, § 45-1427
Same - Renewed lease valid.
Every such surrender, and such lease or leases granted
thereupon, shall be, and be deemed as valid and legal, to all
intents and purposes, as if such surrender had been made by and on
the behalf of a person of full age, or sane mind. Title 45, Chap.
14, § 45-1428
Surrender for new lease good without surrender of
underleases; underleases continue unaffected; all rights and
remedies to continue.
In case any lease shall be duly surrendered, in order to be
renewed, and a new lease made and executed by the chief landlord or
landlords, the same new lease shall, without a surrender of all the
underleases, be as good and valid, to all intents and purposes, as
if all the underleases derived thereout had been likewise
surrendered at or before the taking of such new lease; and all and
every person and persons in whom any estate for life or lives, or
for years, shall, from time to time, be vested by virtue of such new
lease, and his, her, and their executors and administrators, shall
be entitled to the rents, covenants, and duties, and have like
remedy for recovery thereof, and the underlessees shall hold and
enjoy the messuages, lands, and tenements, in the respective
underleases, comprised, as if the original leases, out of which the
respective underleases are derived, had been still kept on foot and
continued, and the chief landlord and landlords shall have, and
be entitled to, such and the same remedy, by distress or entry in
and upon the messuages, lands, tenements, and hereditaments
comprised in any such underlease, for the rents and duties reserved
by such new lease, so far as the same exceed not the rents and
duties reserved in the lease, out of which such underlease was
derived, as they would have had in case such former lease had been
still continued, or as they would have had, in case the respective
underleases had been renewed under such new principal lease. Title
45, Chap. 14, § 45-1429
Grant or assignment of reversion of premises or by lessee
not to affect rights or duties under lease.
The grantee or assignee of the reversion of any leased premises
shall have the same right of action against the lessee, his personal
representatives, heirs, or assigns, for rent or for any forfeiture
or breach of any covenant or condition in the lease which the
grantor or assignor might have had; and the assignee of the lessee
shall have the same rights of action against the lessor, his
grantee, or assignee, upon any covenants in the lease which the
lessee might have had against the lessor. Title 45, Chap. 14, §
45-1430
Grants of remainders, reversions, and rents good without
attornment; payment of rent to grantor without notice valid.
All grants or conveyances of any manors or rents, or of the
reversion or remainder of any messuages or lands, shall be good and
effectual, to all intents and purposes, without any attornment of
the tenants of any such manors, or of the land out of which rent
shall be issuing, or of the particular tenants upon whose particular
estates any such reversions or remainders shall and may be expectant
or depending, as if their attornment had been had and made;
provided, nevertheless, that no such tenant shall be prejudiced or
damaged by payment of any rent to any such grantor or conusor, or by
breach of any condition for nonpayment of rent, before notice shall
be given to him of such grant by the conusee or grantee. Title
45, Chap. 14, § 45-1431
Fraudulent attornment void; possession not changed by such
attornment; limitation on scope of provisions.
All and every fraudulent attornment and attornments of any
tenant or tenants of any messuages, lands, tenements, or
hereditaments, shall be absolutely null and void to all intents and
purposes whatsoever; and the possession of their respective landlord
or landlords, lessor or lessors, shall not be deemed or construed to
be anywise changed, altered, or affected by any such attornment or
attornments; provided always, that nothing herein contained shall
extend to vacate or affect any attornment made pursuant to and in
consequence of some judgment at law, or decree or order of a court
of equity, or made with the privity and consent of the landlord or
landlords, lessor or lessors, or to any mortgagee after the mortgage
is become forfeited. Title 45, Chap. 14, § 45-1432
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