District of Columbia Code
Chapter 32 - Landlord and Tenant
§ 42–3217. 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.
(11 Geo. 2, ch. 19, §§ 19, 20, 1738; Kilty’s Rep. 251; Alex. Br. Stat. 741, 742; Comp. Stat. D.C., 334, §§ 66, 67.)
1981 Ed., § 45-1417.
1973 Ed., § 45-919.

Structure District of Columbia Code

District of Columbia Code

Title 42 - Real Property

Chapter 32 - Landlord and Tenant

§ 42–3201. When notice to quit not necessary

§ 42–3202. Notices to quit

§ 42–3203. Tenancy at will

§ 42–3204. Tenancy by sufferance

§ 42–3205. Notice not to be recalled

§ 42–3206. Service of notice to quit

§ 42–3207. Refusal to surrender possession; double rent

§ 42–3208. Parties may agree to alternate notice provisions; waiver

§ 42–3209. Recovery of real and personal property leased together

§ 42–3210. Action in ejectment — When proper

§ 42–3210.01. Disposal of tenant's personal property upon ejectment

§ 42–3211. Action in ejectment — Claims for arrears of rent, double rent, and waste; jurisdiction of court; money judgment

§ 42–3212. Consolidation of actions for arrears of rent and possession

§ 42–3213. Landlord’s lien for rent — Time of existence

§ 42–3214. Landlord’s lien for rent — How enforced

§ 42–3215. Landlord’s lien for rent — When attachment issuable; executing officer’s power of entry

§ 42–3216. Landlord’s lien for rent — Property subject to lien not to be executed on by another without payment of rent due; when rent in arrears exceeds 3 months

§ 42–3217. Distress not unlawful and party making it not trespasser ab initio because of irregularity; special damages recoverable; costs; tender of amends defeats recovery

§ 42–3218. Fraudulent removal, conveyance, or concealment of property to defeat lien subjects guilty party to forfeiture of double value of such property

§ 42–3219. Representatives of life tenant may recover proportion of rent from under-tenant

§ 42–3220. Action in debt may be brought for rent in arrears under lease or demise for life

§ 42–3221. Action by landlord for use and occupation of property where no deed; parol agreement as evidence of quantum of damages

§ 42–3222. Lease under control of a person with a mental disability — Surrender and renewal; guardian or committee; court order

§ 42–3223. Leases under control of a person with a mental disability — Lease pursuant to provisions of § 42-3222 valid

§ 42–3224. Leases under control of a person with a mental disability — Money received for renewal paid to guardian for benefit of person with a disability; characterization of money at death of person with a disability

§ 42–3225. Lease held by an infant or person with a mental disability — Surrender and renewal; guardian or committee; court order

§ 42–3226. Lease held by an infant or person with a mental disability — Costs of renewal chargeable to estate of infant or person with a disability or deemed charge upon leasehold

§ 42–3227. Lease held by an infant or person with a mental disability — New leases to be of same nature and subject to same liabilities as surrendered leases

§ 42–3228. Lease held by an infant or person with a mental disability — Renewed lease valid

§ 42–3229. Surrender for new lease good without surrender of underleases; underleases continue unaffected; all rights and remedies to continue

§ 42–3230. Grant or assignment of reversion of premises or by lessee not to affect rights or duties under lease

§ 42–3231. Grants of remainders, reversions, and rents good without attornment; payment of rent to grantor without notice valid

§ 42–3232. Fraudulent attornment void; possession not changed by such attornment; limitation on scope of provisions