Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-11-11
Landlord Denounces
Stays Of Execution
Resulting Delays Soid to
PenoIize Owners
UnfoirIy

Unfairly
TO the Editor Of The Star:
have read with considerable interest
your articles concerning the Landlord
and-Tenant Branch OF the Municipal
Court, directed principally to the high
court costs and the lack Of consideration
given to these cases.
1t seems that you have clearly shown
that disproportionate revenue is de-
rived from the Landlord and Tenant
Court.
However, the expediency with which
these cases are handled does not indicate
a lack of consideration. In at least 90
per cent Of the cases there is neither q
legal nor factual issue involved. It is
merely whether or not "stay of execu-
ton" is to be granted.
1t is this "stay of execution" that all
landlords object to, not because it is
illegal, and not because their consent to
1t is sometimes obtained in preference
to the continuance of the case by the
court, which may be within the discre-
ton Of the court although no issue is
raised, but because it is inequitable and
unjust.
The point which has not been consid-
cred IN your articles, and which appar-
emily has not been considered Thy the
court in granting of stays of execution,
is that one-half of the tenants against
whom suits are filed move as soon as they
have to, and of the remainder who make
settlement, most of them have to be i'm
mediately sued again.
1t should be borne in mind that the
landlord does not wish to have his houses
vacant. To secure good tenant is very
expensive in advertising, reconditioning
and loss of rent. Therefore, suits are
filed only as last resort after many at
tempts have been made to collect the
rent.
the worthy tenant; he simply postpones
any attempt to make settlement until
the last day of the "stay" at which time
the rent for the ensuing month is also
due, making a total obligation larger
than he is able to meet STAYS" help
the dishonest tenant by permitting him
to occupy the property two or more
months for the payment of one months
rent, then moving to do the same thing
to another landlord, frequently using an
other name.
The following is case which I re-
Gently cited to Judge Nathan Cayton,
then sitting In Landlord and Tenant
Court, from whom I received a very
pleasant acknowledgment. followed by
several STAYS of execution"
THE tenant = moved into the
premises on May IS, 1899, at a monthly
rental of $3.50 and since that time has
paid only $4.75 leaving $34.25 due as
of the date suit was filed, to pay the rent
to August Is, 1899.
"On June q he asked that we wait
until July 2 for his rent due June Is,
and the extension was granted. On July
8 we wrote him about his rent and he
promised to pay it on July IA. On July
II We wrote him and he promised to pay
it on July %. We again wrote him on
July %, July Is and July %, and sent
some one to call on him on July 20. He
promised to pay on August l, and upon
his failure to do so, suit was filed on Au-
gust 2, returnable August Is and stay
was granted until August Is, 1899.
THE net result is that the tenant will
get at least three months lodgment for
the payment of one months rent. The
cost of the property to the owner is ap-
proximately S45, so that his net loss on
the transaction is about $40 besides court
costs.
Now, If this same tenant had stolen
a suit Of clothes that sells for $40 and
which probably did not cost the mer-
chant over $40, and If he had been
caught and brought into court, the court
would probably sentence him to six
months and try to restore the suit of
clothes to the merchant, but it GER
tainly would not let him CO. let him keep
the suit and make the merchant give
him an extra pair of pants. 1 do not
imply that anything like that was done
in this case, as our attorney inadvertently
consented to the stay
The present form required by the court
in filing all suits invites the tenant to
request stay of execution: IF you adj
nit the claim, but desire additional time
to pay, you must come to the court and
state the circumstances"
Your articles, indicating lack of con-
sideration Of landlord-a nd-tenantc cases,
implying an injustice to the poorer peo-
Pile, advertise it. resulting in more stays
and very serious loss of rent to the
owners. FRANK T. FULLER.
November Z.
Haskin Corrected on