Evicting a Tenant in DC - What to expect?

[Anonymous]

Do you have a lawyer? If not, get one. The best way to do this is to go to the Landlord-Tenant court and see which lawyer are there so much that they have their own assigned rooms to meet with clients and opposing parties.

If you don't have a lawyer and you did something wrong in serving the notice to quit or anything else, the case could get dismissed at the hearing and you'd have to start all over. Or if you do something that's considered wrongful/constructive eviction, or if there are housing code violations, you could end up owing money or not being able to evict. So it's worth getting a lawyer.

If you do get a writ, only the US Marshals can evict (you need to hire a crew to take the tenant's stuff to the curb and change the locks). Evictions don't happen when it's too cold or rainy or certain other reasons and the Marshals only schedule in one quadrant a day. So expect to wait a while even if you win in court.

Know that if the suit is only about nonpayment, the tenant can pay up until the time the marshals conclude the eviction (even if most of the stuff has been removed...the crew you hired would have to move everything back in). If there are other reasons for the eviction, or if the tenant enters into a payment plan and doesn't follow it, it might be possible to get a non-redeemable judgement that wouldn't go away if the back rent is paid.

Finally, even if you evict you probably will never see the money. Talk to your lawyer about liens, small claims court, reporting to credit bureaus, etc. but you are probably not going to see that money. Once you talk with a lawyer about all of this, you can figure out if you want to offer cash for keys or another negotiation to get the tenant to leave sooner. But follow the lawyer's advice on that.

[Anonymous]

Anonymous wrote:I have a deadbeat tenant who is 6 months behind on rent. Would be longer if he hadn't received rental assistance of 4 months from the city. Our initial hearing is in Feb 2024, after the lease expires. Can someone walk me through what to expect and any recourse that I have?

This doesn't matter. The lease just goes month to month after that.

[Anonymous]

Offer to pay them to leave. Then sell the place. Dc is horrible to landlords.

[Anonymous]

OP here. I do have a lawyer and property management and haven't been directly involved, but I know that the tenant was served in English and Spanish and that the attorney wanted to ensure the outstanding payments were reviewed and accurate two days prior to the hearing.

I'm pretty certain that my tenant was about to get evicted when he moved in. What I've since learned is that he paid the first month's rent and security deposit with a credit card. I have no clue why this was acceptable to my property management. I've typically selected my own tenants and have never had a problem previously.

It was suggested that I pay him to move months ago, but I feel as if that's how I wound up with him and a clean rental record.

For the record, I do have a BBL and I don't know what a RAD is, but I've done everything asked of me by property mgmt.

I had planned to move back in but this has held that up. Is there any reprieve for me on that front? The property is normally owner-occupied.

[Anonymous]

OP again. I found the DC Landlord and Tenant Center pretty useless as they initially said that they couldn't assist me until I had a case number. I hired an attorney to file it correctly and now they've told me that they can't assist because I have an attorney already. It's extremely frustrating. I really just want the bastard out.

[Anonymous]

I don't understand-- you say you just want him out but you also say that for months you've been ignoring the advice on how to get him out?

[Anonymous]

Anonymous wrote:I don't understand-- you say you just want him out but you also say that for months you've been ignoring the advice on how to get him out?

I thought the process would be over by 2024 because of the lease ending. My property manager suggested I pay him back in May when we were waiting for payment from the program. It sounds like even an illegal eviction would be cheaper.

To answer your question, I didn’t like the idea of this guy being able to do this continuously to other landlords. I’m likely here because someone paid him to leave after all.

[Anonymous]

An illegal eviction will not be cheaper— you will pay a lot in different ways for that.

Also if you’ve filed an eviction case that is already public knowledge so insisting in evicting him as a public service to other landlords makes you sound like a troll.

[Anonymous]

OP if you have a lawyer, you should be asking the lawyer these questions or getting a new one. If the lawyer hasn't recommended also serving a 90 day notice to vacate for personal use and occupancy and adding that issue to the case, get a new lawyer. That one at least won't allow the tenant to get ERAP and pay to stay.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I don't understand-- you say you just want him out but you also say that for months you've been ignoring the advice on how to get him out?

I thought the process would be over by 2024 because of the lease ending. My property manager suggested I pay him back in May when we were waiting for payment from the program. It sounds like even an illegal eviction would be cheaper.

To answer your question, I didn’t like the idea of this guy being able to do this continuously to other landlords. I’m likely here because someone paid him to leave after all.

If your property manager didn't explain to you that in DC leases automatically go month to month and what that means (the tenant, but not the landlord, can terminate with 30 days' notice) then they aren't very good at their job, or you didn't understand them. Property managers often know less about DC landlord-tenant law than they should. This is a good lesson to other people who want to be landlords in DC, many of whom get surprised by their [lack of] options when a tenant misbehaves.

Also, RAD is Rental Accommodations Division. Did you register there along with getting your BBL? Are you exempt from rent control?

If you are really going to owner-occupy for a year, that could be part of the eviction case. But don't fake it--judges are understandably skeptical of this issue.

[Anonymous]

Anonymous wrote:OP if you have a lawyer, you should be asking the lawyer these questions or getting a new one. If the lawyer hasn't recommended also serving a 90 day notice to vacate for personal use and occupancy and adding that issue to the case, get a new lawyer. That one at least won't allow the tenant to get ERAP and pay to stay.

Good to know! The tenant was informed in July that I intended to move back in, which fell in line with 90 days notice (I saw that myself online). This is why I was shocked recently when our hearing was scheduled and it was after the end of the lease.

I've never had a discussion with the attorney which is my issue. Property mgmt has been the intermediary. In fact, I discovered the attorney's name from looking up my case online. Will contact her this week! I just moved back from overseas FYI, so was completely hands off until recently.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP if you have a lawyer, you should be asking the lawyer these questions or getting a new one. If the lawyer hasn't recommended also serving a 90 day notice to vacate for personal use and occupancy and adding that issue to the case, get a new lawyer. That one at least won't allow the tenant to get ERAP and pay to stay.

Good to know! The tenant was informed in July that I intended to move back in, which fell in line with 90 days notice (I saw that myself online). This is why I was shocked recently when our hearing was scheduled and it was after the end of the lease.

I've never had a discussion with the attorney which is my issue. Property mgmt has been the intermediary. In fact, I discovered the attorney's name from looking up my case online. Will contact her this week! I just moved back from overseas FYI, so was completely hands off until recently.

Tenant was informed does not mean that the appropriate, legally required notice was given. The suit should also include this as a basis for eviction or be amended to add it. Sounds like your property manager may not be earning their fee.

[Anonymous]

Anonymous wrote:OP here. I do have a lawyer and property management and haven't been directly involved, but I know that the tenant was served in English and Spanish and that the attorney wanted to ensure the outstanding payments were reviewed and accurate two days prior to the hearing.

I'm pretty certain that my tenant was about to get evicted when he moved in. What I've since learned is that he paid the first month's rent and security deposit with a credit card. I have no clue why this was acceptable to my property management. I've typically selected my own tenants and have never had a problem previously.

It was suggested that I pay him to move months ago, but I feel as if that's how I wound up with him and a clean rental record.

For the record, I do have a BBL and I don't know what a RAD is, but I've done everything asked of me by property mgmt.

I had planned to move back in but this has held that up. Is there any reprieve for me on that front? The property is normally owner-occupied.

You do know that you're cutting off your nose to spite your face, right?

If it was suggested to you that you pay him months ago, just think... as of today, he would be out of your place, you'd be moved back in by now, and all would be right with your world.
As it stands, you've paid the mortgage these past few months yourself, you've got no additional income coming in, this process is probably going to drag on another 9 - 12 months because Feb is just the first review and nothing gets accomplished there except suggesting mediation.

Pay the man. Get him out. You're only hurting yourself and your bank account by being so stubborn.
Reclaim your home and if you're so worried about giving him a blemish on his credit as a warning to other landlords, take him to small claims court and sue him for $5,000 in back rent.

[Anonymous]

It is completely nuts that rental laws are so pro renter. At least for cases where the landlord is a person renting just one or two spots vs a company landlord.

[Anonymous]

Anonymous wrote:Why does DC do this to landlords? It’s a shame. You’re being punished for no good reason.

+1 This is why we always sold our DC homes when we moved. There was no way we would ever be a landlord in DC. Eviction is h$ll in the best of circumstances. If you get a deadbeat tenant who meets certain criteria, then you can't ever evict even if they stop paying rent. Everything in DC is for the lowest common denominator.

This is also why I chuckle when I hear people on this board insist that they'll never sell their DC property with a low mortgage rate even if they move. Not only does it often not make financial sense when looking at the opportunity costs of investing the proceeds, but it could end up a financial and legal nightmare in DC.