Evicting a Tenant in DC - What to expect?

[Anonymous]

OP, it sounds like your property management company failed to properly vet the tenant.

[Anonymous]

Anonymous wrote:

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.

x1000000

[Anonymous]

Anonymous wrote:

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.

What criteria would those be? I agree the laws in DC are pro-tenant and many property managers and landlords are unaware of this, but this is not accurate (except during the pandemic, when evictions were halted altogether).

[Anonymous]

Anonymous wrote:

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.

and you wonder why dc is ridden with crime as these people are the ones being catered to, the criminals can live rent free !

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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.

What criteria would those be? I agree the laws in DC are pro-tenant and many property managers and landlords are unaware of this, but this is not accurate (except during the pandemic, when evictions were halted altogether).

Elderly or disabled. I looked into it a few years ago when trying to buy a home that had a tenant, then said no way. They can stop paying rent forever and you can't kick them out, not even to move in yourself.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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.

What criteria would those be? I agree the laws in DC are pro-tenant and many property managers and landlords are unaware of this, but this is not accurate (except during the pandemic, when evictions were halted altogether).

Elderly or disabled. I looked into it a few years ago when trying to buy a home that had a tenant, then said no way. They can stop paying rent forever and you can't kick them out, not even to move in yourself.

That is completely untrue, as you'd see if you spent a day in landlord-tenant court. Lots of elderly and/or disabled getting writs. It's true that elderly and disabled people are subject to lower maximum rent increases in rent-controlled properties (CPI, not CPI+2) but a landlord of less than 4 properties would be exempt. There are DC and federal rules prohibiting discrimination based on age or disability, but not a blanket ban on evictions. And it's true that elderly and disabled people can get ERAP to pay past-due rent (so can households with kids) but if ERAP is out of money, or the tenants continually pay late, they could still be evicted.

https://dhcd.dc.gov/sites/default/files/dc/sites/dhcd/publication/attachments/Form%2012%20-%2090%20Day%20Notice%20to%20Vacate%20for%20Personal%20Use%20and%20Occupancy%20Final.pdf is the form for personal use and occupancy. You can read the law at https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.01 (personal use and occupancy is at (d) and has no exclusions for elderly/disabled). DC law is quite tenant-friendly, and it's fine that you chose not to buy a place where you'd be evicting a tenant, but I want others who read this thread to have accurate information.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

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.

What criteria would those be? I agree the laws in DC are pro-tenant and many property managers and landlords are unaware of this, but this is not accurate (except during the pandemic, when evictions were halted altogether).

Elderly or disabled. I looked into it a few years ago when trying to buy a home that had a tenant, then said no way. They can stop paying rent forever and you can't kick them out, not even to move in yourself.

That is completely untrue, as you'd see if you spent a day in landlord-tenant court. Lots of elderly and/or disabled getting writs. It's true that elderly and disabled people are subject to lower maximum rent increases in rent-controlled properties (CPI, not CPI+2) but a landlord of less than 4 properties would be exempt. There are DC and federal rules prohibiting discrimination based on age or disability, but not a blanket ban on evictions. And it's true that elderly and disabled people can get ERAP to pay past-due rent (so can households with kids) but if ERAP is out of money, or the tenants continually pay late, they could still be evicted.

https://dhcd.dc.gov/sites/default/files/dc/sites/dhcd/publication/attachments/Form%2012%20-%2090%20Day%20Notice%20to%20Vacate%20for%20Personal%20Use%20and%20Occupancy%20Final.pdf is the form for personal use and occupancy. You can read the law at https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.01 (personal use and occupancy is at (d) and has no exclusions for elderly/disabled). DC law is quite tenant-friendly, and it's fine that you chose not to buy a place where you'd be evicting a tenant, but I want others who read this thread to have accurate information.

Thank you!

-OP here

[Anonymous]

Anonymous wrote:You could offer to pay them to move out sooner. Otherwise make sure you have dotted all your i's and crossed all your t's or you could end up back at square one.

For real what world do we live in? Insane.

[Anonymous]

Did you start the eviction process? I would not have waited for no rent for 6 months to do so.

[Anonymous]

Just following up on this, OP here.

Court went well for me as a landlord. I was awarded a default and redeemable judgment at the Initial Hearing and am awaiting an eviction date from US Marshals Service (USMS) at this point.

I'm so thankful that I stuck to my guns and didn't pay him to leave. With the ERAP payments I received, the tenant will still be out with less than a year of outstanding payments.

To the PP, no I didn't wait 6 months to file. I filed twice, in fact, but the first request was dismissed pending ERAP payments which were ultimately awarded. The tenant was given 60 days to move without penalty thereafter but remained. Receiving a court date and then awaiting the initial hearing is what took the most time, almost 7 months in all.

[Anonymous]

Anonymous wrote:Just following up on this, OP here.

Court went well for me as a landlord. I was awarded a default and redeemable judgment at the Initial Hearing and am awaiting an eviction date from US Marshals Service (USMS) at this point.

I'm so thankful that I stuck to my guns and didn't pay him to leave. With the ERAP payments I received, the tenant will still be out with less than a year of outstanding payments.

To the PP, no I didn't wait 6 months to file. I filed twice, in fact, but the first request was dismissed pending ERAP payments which were ultimately awarded. The tenant was given 60 days to move without penalty thereafter but remained. Receiving a court date and then awaiting the initial hearing is what took the most time, almost 7 months in all.

Congratulations,
If he doesn’t take his stuff and move,
What happens next?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Just following up on this, OP here.

Court went well for me as a landlord. I was awarded a default and redeemable judgment at the Initial Hearing and am awaiting an eviction date from US Marshals Service (USMS) at this point.

I'm so thankful that I stuck to my guns and didn't pay him to leave. With the ERAP payments I received, the tenant will still be out with less than a year of outstanding payments.

To the PP, no I didn't wait 6 months to file. I filed twice, in fact, but the first request was dismissed pending ERAP payments which were ultimately awarded. The tenant was given 60 days to move without penalty thereafter but remained. Receiving a court date and then awaiting the initial hearing is what took the most time, almost 7 months in all.

Congratulations,
If he doesn’t take his stuff and move,
What happens next?

He gets evicted by US Marshals, tho as OP said there can be a wait for that to happen.

[Anonymous]

Or it can be rescheduled if it's raining or cold out.

Cash for keys should have been offered back in October or earlier. Doesn't matter what judgement he gets, the lost rent might still be unrecoverable

[Anonymous]

Anonymous wrote:Or it can be rescheduled if it's raining or cold out.

Cash for keys should have been offered back in October or earlier. Doesn't matter what judgement he gets, the lost rent might still be unrecoverable

I don't care about the rent as much as I disagree with rewarding bad behavior. Why the hell would delinquents stop doing this if landlords continue going this route? I'd self evict first and deal with a potential fine before I'd ever consider that. Paying him in October would have resulted in a loss equivalent to the lack of future rental income I currently have anyway. If I were to go outside of the courts, it would be to my immediate benefit. Tenant will have to figure out first month's rent and deposit without me or go live on someone's couch. Sucks that I will be out 8-9 months rent by this but I'll be fine.

For the sake of other small landlords, I will update just so that there's some information on how long this process can take. I know that it was difficult for me to find info. Worst case scenario is 4-6 weeks for the writ of restitution and 30-45 days thereafter for actual eviction by USMS.

[Anonymous]

Did you do income, credit and background checks before you rented out to this person?
I am curious landlord.