(Download) "Mitchell v. David" by District of Columbia Court of Appeals. # Book PDF Kindle ePub Free
eBook details
- Title: Mitchell v. David
- Author : District of Columbia Court of Appeals.
- Release Date : January 14, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
CLAGETT, Associate Judge. This appeal arises from a directed verdict in favor of plaintiff granted on defendant's opening statement. Plaintiff sued for possession of premises leased to defendant as a rooming house on the ground of non-payment of rent, and, as permitted by Code 1940, § 45-911, also demanded judgment for accrued rent for three months beginning December 1, 1945, at $100 per month. Defendant filed an answer, a counterclaim and a so-called cross-claim. In the answer she alleged she was not indebted for the rent because plaintiff had not made repairs, which she claimed constituted the 'minimum service standard' for the premises. In the counterclaim defendant alleged plaintiff failed to make repairs as he was obligated to do and that as a consequence the defendant lost rent for a portion of the premises; that the defendant had to have electrical repairs made; that the defendant had to buy window shades; that plumbing repairs were needed which defendant attempted to have done; and that the gas bills were excessive due to the failure of the plaintiff to make repairs. The amounts defendant claimed as losses on these accounts exceeded the amount of rent sued for. In the so-called cross-claim defendant alleged that plaintiff had violated the minimum service standard under the Rent Control Act, D.C.Code 1940, § 45-1601 et seq., in refusing to make repairs and supply furnishings, and asked for judgment in the amount of $5,000. The lease between the parties, which was signed November 23, 1945, was for the term of one year commencing December 1, 1945, and rent was payable in advance in monthly installments of $150. The lease, which was on a standard form, was silent on the question of repairs, with the one exception that any made necessary by defendant's negligence were to be paid for by her. In September 1945 plaintiff had filed with the Rent Administrator, in accordance with regulations issued pursuant to the Emergency Rent Control Act, a schedule stating that the premises were not rented on January 1, 1941, the 'freeze date,' nor during the year 1940, and had first been rented January 1, 1944, at $150 per month. The same schedule described the condition of the premises as 'fair' and did not list any services as included in the rent. Based upon these representations a rent ceiling of $150 a month was requested. On November 29, 1945, the Rent Administrator ordered that maximum rent be $100 per month. The order did not fix any minimum service standard.
 "Mitchell v. David" by District of Columbia Court of Appeals. # Book PDF Kindle ePub Free){kind=link}