Robinson v. Diamond Housing Corporation
United States Court of Appeals for the District of Columbia
463 F.2d 853 (1972)
Mrs. Robinson (defendant) leased a residence from Diamond Housing Corporation (Diamond) (plaintiff) on the understanding that Diamond would fix several housing-code violations, including an unsafe porch, unsafe railings, and a disconnected bedroom ceiling; when Diamond never made the repairs, Robinson stopped paying rent, and Diamond's first eviction attempt for nonpayment failed after a jury sided with Robinson on the code-violation defense. Diamond then brought a second eviction action based on a routine thirty-day notice to vacate, and Robinson argued this was really a retaliatory eviction for having beaten the first case; the trial court nonetheless ruled for Diamond.
Whether a landlord may evict a tenant after previously failing to evict that same tenant for failure to pay rent.