Oliver T. Carr v. National Delicatessen, Inc., 13920.
| Citation | 397 A.2d 914 |
| Decision Date | 11 January 1979 |
| Docket Number | No. 13920.,13920. |
| Parties | OLIVER T. CARR MANAGEMENT, INC., Appellant, v. NATIONAL DELICATESSEN, INC., t/a Loeb's Restaurant, Appellee. |
| Court | Court of Appeals of Columbia District |
Frank H. Strickler, Washington, D.C., with whom Jacqueline M. Saue, Washington, D.C. and John J. Brennan, III, were on the brief, for appellant.
John W. Karr and Mona Lyons, Washington, D.C., for appellee.
Before KELLY, KERN and MACK, Associate Judges.
This is an appeal from an order by the trial court dismissing appellant's suit for possession in a Landlord and Tenant action because the notice to quit appellant gave to appellee had been insufficient. There is no dispute concerning the material facts. In November 1976, the Cafritz Company (Cafritz) and National Delicatessen, Inc. (Loeb) executed a lease for a one-year term; after the expiration of this lease on October 31, 1977, Loeb continued to occupy the Albee Building and pay rent to Cafritz; in May 1978, Cafritz sold the building to appellant, Oliver T. Carr Management, Inc. (Carr), which accepted from Loeb rent for May and June, but thereafter gave Loeb 30 days' written notice to quit as of August 1, 1978; Loeb refused on that date to vacate and Carr then brought suit for possession which the trial court dismissed; and this order of dismissal is now before us on a motion by appellant Carr for summary reversal.
It is clear that when Loeb remained in the Albee Building after the expiration of the lease on October 31, 1977, and continued to pay the rent, he became by operation of the statute a tenant by sufferance. D.C. Code 1973, § 45-820; Hampton v. Mott Motors, D.C.Mun.App., 32 A.2d 247 (1943). The Code provides that such a tenancy may be terminated by 30 days' written notice, D.C.Code 1973, § 45-904, which all agree Loeb received. The trial court, however, seized upon a proviso in the lease — Section 35 — and concluded this section required Carr to give Loeb six months, not 30 days, written notice to vacate and accordingly dismissed Carr's possessory action for the insufficiency of its notice.
Section 35 is, by its own terms, not applicable to the instant situation; it provided (Emphasis added.) Thus, Section 35 expressly gave to the Landlord or its purchaser, in the event of a sale, "the irrevocable right to terminate this lease" either during its term or during any extension of the term of the lease. Since the term of the lease here expired in 1977 and had never been extended, Section 35 was simply inapplicable. Moreover, we decided in Arsenault v....
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Dist. of Columbia Metro. Police Dep't v. Fraternal Order of Police/Metro. Police Dep't Labor Comm., No. 08-CV-1590.
...for cases where “the trial court's ruling rests on a narrow and clear-cut issue of law,” Oliver T. Carr Mgmt., Inc. v. National Delicatessen, Inc., 397 A.2d 914, 915 (D.C.1979) (per curiam), and, as should become apparent, this case does not fit the bill. Our order denying the motion direct......
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Bailey v. United States
...affirmance is denied. See generally Watson v. United States, 73 A.3d 130, 131 (D.C. 2013) (citing Oliver T. Carr Mgmt., Inc. v. Nat'l Delicatessen, Inc., 397 A.2d 914, 915 (D.C. 1979) ). It isFURTHER ORDERED and ADJUDGED that the order on appeal is reversed and the matter remanded to the tr......
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In re SA.C.
...alternative requests for summary affirmance, it isFURTHER ORDERED that these requests are denied. See Oliver T. Carr Mgmt., Inc. v. Nat'l Delicatessen, Inc. , 397 A.2d 914, 915 (D.C. 1979). It isFURTHER ORDERED that the GAL and the District shall, within ten days of the date of this order, ......
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Bailey v. United States
...affirmance is denied. See generally Watson v. United States, 73 A.3d 130, 131 (D.C. 2013) (citing Oliver T. Carr Mgmt., Inc. v. Nat'l Delicatessen, Inc., 397 A.2d 914, 915 (D.C. 1979)). It is FURTHER ORDERED and ADJUDGED that the order on appeal is reversed and the matter remanded to the tr......