[Download] "Craig v. Heil" by District of Columbia Court of Appeals. ~ Book PDF Kindle ePub Free
eBook details
- Title: Craig v. Heil
- Author : District of Columbia Court of Appeals.
- Release Date : January 28, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
CAYTON, Chief Judge. This was a suit for possession of rooming house property, based on the owner's claim that he required the premises for his personal use and occupancy as a dwelling, as authorized by the District of Columbia Emergency Rent Act. 1 Trial was by jury and resulted in verdict and judgment for plaintiff. Defendant appeals. At the trial defendant challenged the legality of the service of the notice to quit upon which the suit was predicated. It developed that defendant did not live in the house in question but in nearby Virginia. The landlord made several unsuccessful attempts to deliver the notice to quit to defendant personally. Finally he sent the notice by registered mail, the envelope being marked, 'Deliver to Addressee Only.' Defendant admitted having personally received the notice from the postman on the date shown on the registered receipt card. 2 But she contended that service was ineffectual because delivery was made by registered mail. The Code, § 45-906, provides: 'Every notice to the tenant to quit shall be served upon him personally, if he can be found, and if he can not be found it shall be sufficient service of said notice to deliver the same to some person of proper age upon the premises, and in the absence of such tenant or person to post the same in some conspicuous place upon the leased premises.' It will be seen at once that while this language does not in terms authorize delivery or service of a notice to quit by registered mail, it does not on the other hand prohibit such service, or prescribe what person shall make the service. In construing the Code provision and in applying it to the case before us we must keep clearly in mind that we are not dealing with the service of court process but with the service or delivery of a private, preliminary notice between landlord and tenant.