context: A tenant seeking equitable relief from the forfeiture of a lease despite the tenant's breach must generally place the lessor in the position it would have occupied had the breach not occurred.
citation_a.signal: see also
citation_a.identifier: 380 A.2d 995, 997-98
citation_a.parenthetical: stressing equitable discretion of court in weighing relief from forfeiture
citation_a.sentence: See Molyneaux v. Town House, Inc., 195 A.2d 744, 746-47 (D.C.1963); Federal Deposit Ins. Corp. v. Rosen, 188 N.J.Super. 230, 234, 457 A.2d 52, 54 (App.Div.1983). To invoke that rule, a tenant must at least ordinarily be in possession. Here, by contrast, a dispossessed commercial tenant successfully regained possession despite its inadvertent nonpayment of rent due under a protective order, and we must decide whether the tenant owes rent for the three months it was out of possession. We think the underlying principle of the general rule applies: “if the tenant seeks equity, he must do equity. In other words, a tenant seeking relief from forfeiture must be prepared to square his account with the land-lord_” Molyneaux, 195 A.2d at 747; see also Kaiser v. Rapley, 380 A.2d 995, 997-98 (D.C.1977) (stressing equitable discretion of court in weighing relief from forfeiture); Trans-Lux Radio City Corp. v. Service Parking Corp., 54 A.2d 144, 148 (D.C.1947) (same); cf. Executive Square Office Bldg. v. O’Connor & Assocs., Inc., 19 B.R. 143 (Bankr.N.D.Fla.1981) (discussing application of equitable relief from forfeiture of lease to chapter 11 debtor); In re Chuck Wagon Bar-B-Que, Inc., 7 B.R. 92, 94-95 (Bankr.D.D.C.1980) (same).
citation_b.signal: cf.
citation_b.parenthetical: discussing application of equitable relief from forfeiture of lease to chapter 11 debtor
citation_b.sentence: See Molyneaux v. Town House, Inc., 195 A.2d 744, 746-47 (D.C.1963); Federal Deposit Ins. Corp. v. Rosen, 188 N.J.Super. 230, 234, 457 A.2d 52, 54 (App.Div.1983). To invoke that rule, a tenant must at least ordinarily be in possession. Here, by contrast, a dispossessed commercial tenant successfully regained possession despite its inadvertent nonpayment of rent due under a protective order, and we must decide whether the tenant owes rent for the three months it was out of possession. We think the underlying principle of the general rule applies: “if the tenant seeks equity, he must do equity. In other words, a tenant seeking relief from forfeiture must be prepared to square his account with the land-lord_” Molyneaux, 195 A.2d at 747; see also Kaiser v. Rapley, 380 A.2d 995, 997-98 (D.C.1977) (stressing equitable discretion of court in weighing relief from forfeiture); Trans-Lux Radio City Corp. v. Service Parking Corp., 54 A.2d 144, 148 (D.C.1947) (same); cf. Executive Square Office Bldg. v. O’Connor & Assocs., Inc., 19 B.R. 143 (Bankr.N.D.Fla.1981) (discussing application of equitable relief from forfeiture of lease to chapter 11 debtor); In re Chuck Wagon Bar-B-Que, Inc., 7 B.R. 92, 94-95 (Bankr.D.D.C.1980) (same).