Edwards v. Habib

397 F.2d 687 (1968)

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Nature of the Case

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Facts

Edwards (P) rented an apartment on a month-to-month basis from Habib (D). Shortly after moving in, P complained to the Department of Licenses and Inspections of sanitary code violations which D had failed to correct. An inspection of the premises ensued, and more than 40 violations were discovered. D was ordered to correct the violations. D then gave P a 30-day notice to vacate the premises and obtained a default judgment for possession. P moved to open the judgment, alleging excusable neglect, and asserting as a defense that the notice to vacate was given in retaliation for P's complaints regarding the Code violations. The lower court set aside the default judgment. At trial, the judge refused to consider evidence of retaliatory motive and directed a verdict for D. P appealed to the District of Columbia Court of Appeals, which affirmed the trial court, holding that a landlord was free to evict a month-to-month tenant for any reason upon 30 days' notice. The court further found that a tenant's right to report violations was not protected by any statute. P appeals.