DC tenant not paying rent

[Anonymous]

Anonymous wrote:If you are willing to move back in, you can get them out in less time. Agree with prior poster to make sure you have legal help and would add make sure all you paperwork is clean

Even if you want it for personal use and occupancy, you'd still have to evict them through the court process if they refuse to leave. And OP is already going through the court process.

OP, even if you get a judgment for possession, you will have to wait for the marshals to schedule and observe the eviction (you have to provide the crew to actually take the stuff out). They don't do it when it's raining or too cold, so if it doesn't happen by this fall it might not happen until next spring. And at any point from now until the last of their posessions is removed from the house, they can give you the money they owe and that closes the case.

It might be worth (financially, not emotionally) considering how long you are likely to go without rent, how much you'll spend in legal fees for a trial, how much it will cost to hire the eviction crew, and how much it will cost to repair any damage your tenant could cause for the rest of their time there and weighing that against offering cash for keys. You may find that it's cheaper to give them money in exchange for moving out and leaving the place in decent condition than it is to wait them out,

[Anonymous]

Anonymous wrote:

Anonymous wrote:If you are willing to move back in, you can get them out in less time. Agree with prior poster to make sure you have legal help and would add make sure all you paperwork is clean

Even if you want it for personal use and occupancy, you'd still have to evict them through the court process if they refuse to leave. And OP is already going through the court process.

OP, even if you get a judgment for possession, you will have to wait for the marshals to schedule and observe the eviction (you have to provide the crew to actually take the stuff out). They don't do it when it's raining or too cold, so if it doesn't happen by this fall it might not happen until next spring. And at any point from now until the last of their posessions is removed from the house, they can give you the money they owe and that closes the case.

It might be worth (financially, not emotionally) considering how long you are likely to go without rent, how much you'll spend in legal fees for a trial, how much it will cost to hire the eviction crew, and how much it will cost to repair any damage your tenant could cause for the rest of their time there and weighing that against offering cash for keys. You may find that it's cheaper to give them money in exchange for moving out and leaving the place in decent condition than it is to wait them out,

And and make sure they sign a vacate agreement before you hand them the check.

[Anonymous]

What a nightmare. Sorry, OP.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If you are willing to move back in, you can get them out in less time. Agree with prior poster to make sure you have legal help and would add make sure all you paperwork is clean

Even if you want it for personal use and occupancy, you'd still have to evict them through the court process if they refuse to leave. And OP is already going through the court process.

OP, even if you get a judgment for possession, you will have to wait for the marshals to schedule and observe the eviction (you have to provide the crew to actually take the stuff out). They don't do it when it's raining or too cold, so if it doesn't happen by this fall it might not happen until next spring. And at any point from now until the last of their posessions is removed from the house, they can give you the money they owe and that closes the case.

It might be worth (financially, not emotionally) considering how long you are likely to go without rent, how much you'll spend in legal fees for a trial, how much it will cost to hire the eviction crew, and how much it will cost to repair any damage your tenant could cause for the rest of their time there and weighing that against offering cash for keys. You may find that it's cheaper to give them money in exchange for moving out and leaving the place in decent condition than it is to wait them out,

And and make sure they sign a vacate agreement before you hand them the check.

You don't hand them the money until they have removed all their belongings and give you the keys (hence the name cash for keys). And then you change the locks and put up security cameras to make sure they don't come back.

[Anonymous]

Pay a retired cop or marine to move in with them and put their belongings on street if they don't do it themselves within 10 days. If you want a cheaper solution then let a homeless to squat the squatters. They'll be gone in no time.

[Anonymous]

Anonymous wrote:Current tenant in DC has not paid rent since moving into home. It’s officially been a year and we have mediation and trial set for a few months. What should be expected after this? Will they finally be forced to evacuate or will the courts continue to side with the tenant and allow them to live rent free for longer? This has been a frustrating nightmare

Where in DC is this? This is my worst nightmare as we are about to become landlords. Did they have clean background checks and this was a total surprise?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Current tenant in DC has not paid rent since moving into home. It’s officially been a year and we have mediation and trial set for a few months. What should be expected after this? Will they finally be forced to evacuate or will the courts continue to side with the tenant and allow them to live rent free for longer? This has been a frustrating nightmare

Where in DC is this? This is my worst nightmare as we are about to become landlords. Did they have clean background checks and this was a total surprise?

Really doesn't matter where. Happens all over the city to a certain extent. It's really hard being a landlord in DC, the laws also restrict how much info you can get about an applicant. So legally, things like an eviction more than 3 years ago aren't supposed to be disclosed to you.

https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.10

[Anonymous]

They’re not going anywhere anytime soon. A couple of months late is nothing in DC courts.

[Anonymous]

What neighborhood?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is going to drag out for a long time. It’s been awhile since I’ve brushed up on DC L&T law, but if you can report them to the credit bureaus it might get things moving on their end.

Also, when you’re done, sue for damages and renew the judgment with as many garnishments as you need until they die or flee the country.

DP
What happened if you change the lock and put their stuff in a locker?

There is a recent DC Court of Appeals decision similar to this. The homeowner locked the unpaying tenant out. Tenant sued and homeowner had to pay damages to tenant.

The damage you pay, fingers crossed could be less than the hassle with non paying “tenant” that stays for years.

[Anonymous]

Rent the place out to someone else, a real tough bruiser obnoxious person, or some homeless junkie who is violent.

Give them a lease agreement. Put them in the place while the current "tenant" squatter is out. The police cannot tresspass nor evict the new tenant, and the current squatter you have will have to share the place with the new violent obnoxious one.

Repeat as necessary.

[Anonymous]

Anonymous wrote:If you are willing to move back in, you can get them out in less time. Agree with prior poster to make sure you have legal help and would add make sure all you paperwork is clean

I’m a real estate attorney. This is 100% not true. A tenant can defend your notice of intent to reside as being in bad faith and not genuine. That is a triable issue of fact that goes a jury. Roughly 18-24 months and you first file.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is going to drag out for a long time. It’s been awhile since I’ve brushed up on DC L&T law, but if you can report them to the credit bureaus it might get things moving on their end.

Also, when you’re done, sue for damages and renew the judgment with as many garnishments as you need until they die or flee the country.

DP
What happened if you change the lock and put their stuff in a locker?

There is a recent DC Court of Appeals decision similar to this. The homeowner locked the unpaying tenant out. Tenant sued and homeowner had to pay damages to tenant.

The damage you pay, fingers crossed could be less than the hassle with non paying “tenant” that stays for years.

Unlawful eviction in dc can be criminally prosecuted. I am an dc real estate attorney and represented a condominium board of directors many years ago who were told by their counsel that they could lock someone out of their unit. Criminally arrested. And they were following the written advice of counsel.

[Anonymous]

Anonymous wrote:
What happened if you change the lock and put their stuff in a locker?

LL would go to jail

[Anonymous]

Anonymous wrote:Rent the place out to someone else, a real tough bruiser obnoxious person, or some homeless junkie who is violent.

Give them a lease agreement. Put them in the place while the current "tenant" squatter is out. The police cannot tresspass nor evict the new tenant, and the current squatter you have will have to share the place with the new violent obnoxious one.

Repeat as necessary.

a) you could get sued for constructive eviction and pay far more than you're losing in rent now.
b) how would you get out the "real tough bruiser" then?