In all cases where any person with a mental disability is or shall be entitled or has right to renew any lease or leases made or granted, or to be made or granted, for the life or lives of 1 or more person or persons, or for any term or number of years, absolute or determinable on the death of 1 or more person or persons, or otherwise; it shall and may be lawful to and for the person with a mental disability, or his or her guardian or guardians, committee or committees, of his estate, in his, her, or their name or names, by the direction of the chancellor, signified by an order made on hearing all parties concerned, upon petition, in a summary way, from time to time, to accept of a surrender or surrenders of such lease or leases; and to make and execute to any person or persons, bodies politic, or corporate or collegiate, aggregate or sole, a new lease or leases of the premises comprised in such lease or leases so to be surrendered by virtue of this section, for and during such number of lives, or for such term or terms of years, determinable upon such number of lives, or for such term or terms of years absolute, as was or were mentioned or contained in such lease or leases so surrendered, at the making thereof, or otherwise, as the chancellor for the time being, by any such order, so to be obtained as aforesaid, shall direct.
CREDIT(S)
(11 Geo. 3, ch. 20, § 1, 1771; Kilty's Rep. 253; Alex. Br. Stat. 791; Comp. Stat. D.C., 336, § 74; Apr. 24, 2007, D.C. Law 16-305, § 64(a), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-1422.
1973 Ed., § 45-924.
Effect of Amendments
D.C. Law 16-305 rewrote this section, which formerly read:
“§ 42-3222. Leases under control of mentally handicapped--Surrender and renewal; committee or guardian; court order.”
“In all cases where any lunatic is or shall be entitled, or has right to renew any lease or leases made or granted, or to be made or granted, for the life or lives of 1 or more person or persons, or for any term or number of years, absolute or determinable on the death of 1 or more person or persons, or otherwise; it shall and may be lawful to and for such lunatic, or his or her guardian or guardians, committee or committees, of his estate, in his, her, or their name or names, by the direction of the chancellor, signified by an order made on hearing all parties concerned, upon petition, in a summary way, from time to time, to accept of a surrender or surrenders of such lease or leases; and to make and execute to any person or persons, bodies politic, or corporate or collegiate, aggregate or sole, a new lease or leases of the premises comprised in such lease or leases so to be surrendered by virtue of this section, for and during such number of lives, or for such term or terms of years, determinable upon such number of lives, or for such term or terms of years absolute, as was or were mentioned or contained in such lease or leases so surrendered, at the making thereof, or otherwise, as the chancellor for the time being, by any such order, so to be obtained as aforesaid, shall direct.”
Legislative History of Laws
For Law 16-305, see notes following § 42-820.