Brown v. Southall Realty Co

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CS 43

Brown v. Southall Realty Co., District of Columbia Court of Appeals, 1968 Is an Illegal lease agreement enforceable? Issue Reasoning
The violations were known to the L and in aware of the nature to make the habitation unsafe and unsanitary. The lease contract was entered into in violation of the housing regulations and therefore is an illegal contract Purpose of the regulations: to make rental units habitable and maintained as such. o To uphold the validity of this lease agreement, would be to ignore the evident purpose of the regulation

Rule
An illegal contract, made in violation of the statutory prohibition designed for police or regulatory purposes, is void and confers no right upon the wrongdoer.

Facts
Even through there were many code violations, L leased apartment to T. It was illegal under DC law grants an apartment unless it is quote to clean, safe and sanitary. And at the time of the lease both parties agreed that the premises did not comply with DC law. The lease agreement was then illegal. T failed to pay rent. L sued for possession for failure to pay.

Held Procedure P argues D argues

Reversed Court awarded possession to L. T moved out with no intent to return. But she avoid any future suits against her for rents, she brought this appeal (to have the agreement declared illegal) Nor enforce due because the lease was illegal


				
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