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Renewal Option In Lease, Could Not Be Unilaterally Exercised By Tenant

Donna Sanders v. Berhanu Molla, No.: 08-CV-522 (D.C. December 24, 2009)

Landlord, Berhanu Molla ("Molla") purchased a foreclosed apartment building in the District of Columbia. At the time of purchase, the building was occupied by tenants. In 2005, Molla filed suit in the Superior Court of the District of Columbia ("the trial court") against tenant, Donna Sanders ("Sanders"), for possession of an apartment in the building that he had bought at foreclosure. Molla lost the suit for possession and subsequently informed Sanders that he would not renew her five-year lease, would raise her monthly rent, and would shift to her responsibility for the utility bills. According to Sanders, the lease provided for the option to renew for an additional five year term; Sanders attempted to exercise the renewal option. In addition to attempting to exercise the renewal option, Sanders refused to pay the rent increase. Molla again sued for possession based on nonpayment.

Sanders moved for summary judgment, arguing that the renewal provision of the lease gave her an absolute right to renew the lease unilaterally, without Molla’s consent. Molla moved for summary judgment arguing that, under the terms of the lease, consent of both the landlord and tenant was required in order exercise the renewal option. The trial court found that the lease provision stating "[l]andlord and tenant shall have the option to renew this lease with a 10% increase per year," to be ambiguous. The trial court based its finding on the use of the terms "and" and "option" – the word "and" "usually bears a conjunctive meaning" and the word "option" "usually signifies a right exercisable by one, or either party, not by both acting in concert." Because of the ambiguity, the trial court considered extrinsic evidence, including testimony from the parties. The trial court granted summary judgment in Molla’s favor, finding that the lease did not prohibit Molla from raising Sanders’ rent. Additionally, the trial court found, based on Sanders’ own testimony, that the original landlord opposed a twelve-year lease and from this testimony, the trial court inferred that the original landlord did not grant Sanders the right to unilaterally renew the lease for a second five-year term. The trial court also awarded sanctions under Super. Ct. Civ. R. 11 against Sanders’ counsel for tactics which the trial court believed were "designed to drag out th[e] litigation."

Sanders appealed the trial court’s ruling to the District of Columbia Court of Appeals ("Court of Appeals"), which affirmed the trial court’s ruling. The Court of Appeals held that the trial court’s interpretation of the ambiguous lease provision was reasonable. The Court of Appeals also held that it had no jurisdiction to rule on Sanders’ challenge to the imposition of Rule 11 sanctions because a final order with respect to the sanctions had not been issued.


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