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LegalGround >> DC landlord tenant laws


5/4/08 10:24 PM
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Fake Pie
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OK, I am researching this myself but I thought it wouldn't hurt to ask here in case anyone already knows the answer or can shorten my research.

Basically the lease ends the last day of July but the landlord doesn't want to let the current tenant stay an extra week for money to accommodate the tenant's situation.

If the tenant just refuses to leave, what can the landlord do for eviction and how long will it take?

I have already seen in the DC statutes that the landlord is entitled to immediate possession upon expiration of the term. However, self help has been abolished by statute in DC, so the landlord would have to file for eviction in the superior court.

Basically the hope is that the eviction process would take a week anyhow which is all the tenant wants.
5/5/08 5:21 AM
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BarkLikeADog
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I can't help you with the local regs, but I'd have to imagine the hit to the tenant's credit report would far exceed the cost of a trailer rental & a week at a motel.
5/5/08 10:53 AM
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StephenL
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why would it hit the credit report.

did i read this wrong?

"stay an extra week for money"

does this mean that the renter wants to pay for an extra week to stay?

with the amount of trouble and time that both would go through to fight over an extra week, it'll be best for both to let him stay.
5/5/08 12:02 PM
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Fake Pie
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Yes, the renter will pay for the extra week. The landlord is just a control freak.

I agree landlord should just let it happen.

BLAD, money isn't the issue. Logistics are. The renter will be taking the bar (not me) on the 31st in Texas. It would be kind of tough to be moved out then even into a storage facility on the 1st in DC.
5/5/08 3:41 PM
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BarkLikeADog
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"why would it hit the credit report"

Assuming the landlord pursues action & wins a judgement, which sounds pretty likely, that goes on the credit report just like a bankruptcy would.

"money isn't the issue. "

I didn't say it was. Obviously the guy is willing to pay for the extra week. I'm just saying that the side effects of difficulty renting in the future aren't worth the trouble. It's much easier to float for a week than most people think. Here in Vegas there are reliable companies that will move you in town for a couple hundred dollars; it usually works out to be less than the cost of a U-haul rental & your lost wages for one day of work. Trailer rental can be had for $100-200 a month pretty much anywhere in the country.

I would be surprised if he couldn't swing this for $500 in D.C. & not have to lift a finger outside of unpacking when he gets back.
5/5/08 4:55 PM
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Fake Pie
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"Assuming the landlord pursues action & wins a judgement, which sounds pretty likely, that goes on the credit report just like a bankruptcy would."

What judgment? You mean for eviction? Why would a non money judgment go on the credit report?

And again, they would love to use a company. Money is again not the concern. It just isn't logistically possible to get it done by the move out date. The person won't be physically present in DC. If you know of a company that will move you when you aren't even home let me know.
5/5/08 5:24 PM
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Fake Pie
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Trying but it probably won't happen. Obviously everything else will be attempted before holding over.
5/5/08 6:19 PM
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Fake Pie
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Edited: 05/05/08 6:22 PM
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Thank you for looking. I saw those same statutes but it doesn't really answer the question of how long it would take to have an ejectment done.

Again, they don't care about the double rent. They would gladly pay the double rent.

I guess I am looking for the practical answer here--how long will it take rather than the legal answer. I already know the legal answer: they can evict.
5/5/08 6:40 PM
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Fake Pie
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Edited: 05/05/08 6:43 PM
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Landlord doesn't have a key and the plan is to have someone home at all times so they can't do anything.

We are in the process of trying to bribe the landlord but she is being a huge bitch about it. We are offering double rent, will offer more if that doesn't work.
5/5/08 6:49 PM
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Fake Pie
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"if they have someone home, why cant that person be there for a moving company?"

I know. Working on that angle too... just a huge clusterfuck that could easily be cleared up by an extra week.
5/7/08 10:00 AM
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StephenL
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has your friend told the landlord that once they pass the bar, suing her will be their 1st case? tell her that winning the house will help pay for law school bills.

go to the landlord/tenant office in your town. if you want to knock her back on her heels, start documenting all that is wrong with the place that creates hazards or is out of code. give the list to the landlord. tell her that you won't turn her into the city if she lets your friend stay.

i have 3 rentals. i would just let them stay a week.
5/7/08 8:01 PM
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BarkLikeADog
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"I guess I am looking for the practical answer here--how long will it take rather than the legal answer. "

Since you are being as thick-headed as your "friend", practical answer is *all other things being equal* the process in DC appears to take on average about 30 days.

That does not take into account whether your "friend" signed away his legal rights by agreeing to arbitration on the original lease - which is pretty likely - whether the landlord bankrolls or has buddies that are judges, arbitrators, &/or cops to speed up that process, or whether the landlord is a jerkoff that thinks they're above the law (just like your friend) who might do something excessively stupid & painful because they feel entitled.

For sure if you push them to action, they are going to see it through to the end; for sure that means both an eviction & a judgment that will fuck with your friend's life for many years to come; & for sure it's just not worth the risk when you have THREE MONTHS to make arrangments.

The logistics thing, seriously bro, it's just douchey bullshit. You can get a budget motel for $30 a night & a Uhaul for $20 a day; that's $50 a day. It takes less than half a day to make those arrangements & put together a bug-out bag, which you should have anyway. If money is no object you can splurge on the hotel.

You've got THREE MONTHS to pack & decide what shit you need for that week.

It's 2 minutes 'til 5 here in Vegas & I could be done with this by 5:30.
5/7/08 8:24 PM
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jbapk
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"The logistics thing, seriously bro, it's just douchey bullshit. You can get a budget motel for $30 a night & a Uhaul for $20 a day; that's $50 a day. It takes less than half a day to make those arrangements & put together a bug-out bag, which you should have anyway. If money is no object you can splurge on the hotel."

The correct. Your friend is trying to be a hard case when he's in the wrong and there's a number of easy solutions to the problem. If he's looking to pass the bar, make him do his own research.
5/7/08 8:56 PM
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Fake Pie
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Edited: 05/07/08 8:57 PM
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Everything you guys are saying is going to be attempted. The question is for the worst case scenario of a hold over. No one wants to do it but just in case I am looking into what would happen.

No reason to be a dick about it and call me thick headed. But I guess this is the OG after all. Usually the LG is more polite.

There is no arbitration in the lease BTW. Lease is like 2 paragraphs long. It is pretty shitty and has typos and stuff but the landlord refused to amend it.
5/8/08 1:18 AM
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Fake Pie
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I understand where you are coming from man. But first of all the person has to leave the state immediately after graduation because they don't have Texas bar classes in DC.

So like you said they could move it all into storage now but right now there are finals and shit. Could still be done, but the roommate will be staying in DC all summer and that guy would have no furniture if the other person moved all their stuff into storage now.

Also, the roommate can't move everything by himself later on and is also going to be taking a bar exam right at the end of July.

So the best option is looking like pro movers into storage right at the end of July so the one guy staying doesn't have to sit on the floor all summer.

Like I said, the holdover is a worst case scenario and likely won't happen, but it doesn't hurt to think about these things. If it really pisses you off that it is even being thought about I apologize for upsetting you.
5/8/08 7:16 AM
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BarkLikeADog
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I'm not pissed off, just annoyed, in the same sense as when your buddy asks you for advice about his cheating whore girlfriend, & you tell him to dump her, & he says, "but I LOVE her!"

I didn't get rude until you repeated the propositions that a. it's the landlord's fault & b. the logistics are so difficult to overcome, like they held any sort of validity, even after everybody on this thread showed otherwise.

"i was just getting the impression that there is more to the story than we were being told "

Couldn't agree more. I was figuring the new property won't be available until the second week of August & the bar exam is incidental. How close am I? PS are you the guy or the roommate? lol.

Seriously, tell me what two week's rent is, give me this guy's number, & on Tuesday I'll make all the arrangements from here in Vegas & any money left over I get to keep.

DEAL?
5/8/08 2:36 PM
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Fake Pie
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Edited: 05/08/08 2:54 PM
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The reason I was trying to avoid the other shit was because I know how this place works. I ask about A but everyone wants to know why am I not doing B. It is perfectly valid and I understand the questions. But I am not retarded, I know about B. We have B covered. I just came on here making sure that if the last, shouldn't happen, worst case, butt fuck scenario happened, we knew what would go down. No one on this thread demonstrated anything because it was all stuff that had already been worked out. Only a retard wouldn't have thought of that stuff.

I never said it was the landlord's fault. I said I thought they were being unreasonable but of course they are legally correct.

And the logistics are difficult to overcome. Not impossible, but it is a pain, especially when you are trying to do the bar. Like I said, plan A has always been and will remain that the roommate will get everything moved out with pros into storage a few days before the lease is up but he is also about to take the bar during that time. He will still do it. Also, the person who is going to TX has to try and pack everything now during finals period. He will still do it.

This thread is a question about a contingency plan. I don't know why that annoys you so much when it is fully admitted that everything you are saying is valid and will be attempted first.

Btw, part of the problem is neither person has a new place to move into yet. But that is what storage and hotels are for.

Anyhow, this is how this site is and I knew it would go like this. Thanks though because you did actually provide some of the information I wanted. Everything else was already thought of and is going to be tried.

Btw, it looks like the landlord has agreed to 4 days which should negate the need for any of this storage + 2 moves stuff. Now it can be a nice clean one day out and in to the new places.

The weirdest thing about the whole ordeal was that the landlord asked the same people to move in mid August when they came in to accommodate the last tenants but for some reason was being weird about it this time.

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