Bonner v. Peterson

Summary

The District of Columbia Court of Appeals affirmed dismissal of a landlord's action seeking nonredeemable possession based on the tenant's repeated nonpayment of rent. The court held that, notwithstanding a lease provision waiving notice to quit, the landlord was required to serve a statutory notice to correct the alleged tenancy violation before filing suit.

Holdings

1. A waiver of notice to quit does not waive the separate statutory requirement that a housing provider serve the tenant with a notice to correct the violation or vacate before recovering possession based on a violation of an obligation of tenancy.
2. The trial court properly dismissed the landlord's action because the landlord did not serve the notice to cure required by statute.

Questions Presented

1. Whether the tenant's contractual waiver of notice to quit also waived the statutory requirement that the landlord serve a notice to correct the violation or vacate before seeking possession based on a violation of an obligation of tenancy.
2. Whether dismissal was proper when the landlord failed to serve the required notice to cure.

Disposition

affirmed