Evicting in DC

[Anonymous]

We would like to do some long overdue renovations in our condo but we have tenants there. Has anyone evicted based on the reason of renovating? What has been your experience?
How long does the process take?

[Anonymous]

Anonymous wrote:We would like to do some long overdue renovations in our condo but we have tenants there. Has anyone evicted based on the reason of renovating? What has been your experience?
How long does the process take?

You should check the law but I do not believe you get to do that. You can evict to live in the unit yourself. If you want to sell your tenant will have right of first refusal, if you are making improvements to update your tenant will get the benefit.

[Anonymous]

In theory it is possible to do this if you can demonstrate that the renovation cannot be done safely with the tenant present, but you have to file with the District 4 months in advance and get their approval (and the tenant has the right to challenge the need for eviction). You also have to pay a relatively small amount in relocation assistance and let the tenant move back in within a week of completing the work.

[Anonymous]

If they have a lease, can you choose not to renew it?

[Anonymous]

Are these long term tenants? If they are happy and good tenants, why do you need to renovate right now? It sounds like you are looking for an excuse to kick them out.

[Anonymous]

what type of renno.... move them into a homestead suites type of place for the duration of the renno..

they would still owe you rent, but you pay for the short term rental....

[Anonymous]

DC has some of the strongest tenant's rights.

It is very hard to get them out even when the tenant is in the wrong---lack of rent payment, destruction, etc.

Read the DC TOPA act.

[Anonymous]

That's f'd up.

[Anonymous]

Evict?

I'm not a legal or real estate expert, but when I hear the word "evict" it makes me think the tenant actually did something WRONG--not paying rent, destruction of property, etc. Rental applications usually even ask if you have had any "evictions."
If your tenants haven't done anything wrong, it sounds pretty harsh to say you want to "evict" them.

[Anonymous]

Anonymous wrote:Evict?

I'm not a legal or real estate expert, but when I hear the word "evict" it makes me think the tenant actually did something WRONG--not paying rent, destruction of property, etc. Rental applications usually even ask if you have had any "evictions."
If your tenants haven't done anything wrong, it sounds pretty harsh to say you want to "evict" them.

Evicting is what you do if you terminate the tenancy (as OP would like to do) and the tenants choose not to leave.

[Anonymous]

Anonymous wrote:DC has some of the strongest tenant's rights.

It is very hard to get them out even when the tenant is in the wrong---lack of rent payment, destruction, etc.

Read the DC TOPA act.

+1. OP, you might be better off trying to buy the tenant off, offer them some serious monetary benefit to get them to vacate willingly. Forcing them out is very likely going to be impossible in DC.

[Anonymous]

Under DC law, an "unsafe renovation" and "substantial renovations" are actually a legal means for the temporary "eviction" of a tenant. All it means is that the tenant cannot reside in the unit during the renovation.

Unsafe Renovations: Your landlord must give you at least 120 days notice if your landlord wants to make renovations to your apartment or building that cannot be done safely while you are living there. The landlord must notify the tenants of the renovations that will occur, and the plans for the renovations and an explanation of why renovations cannot occur while the unit is occupied must be on file with RACD and the Chief Tenant Advocate. A tenant also has 21 days following the notice to send comments to the Rent Administrator and the Chief Tenant Advocate on the impact of the eviction. The landlord plans and tenant comments must be reviewed will be reviewed by RACD, and the plans must be approved in writing by the RACD before any evictions occur. If approved, the renovations must begin no more than 120 days after you have vacated your unit, or the Rent Administrator may rescind the approval. Once the renovations are complete, you have the absolute right to return to your old apartment and must receive a notice from the landlord that your unit is available for you to reoccupy no more than 5 days following the end of the renovations. If the renovations were done to comply with housing regulations, you have the right to re-rent at the same price and under the same obligations that were in effect when you were evicted.

Substantial Rehabilitation: Your landlord must give you at least 120 days notice if the landlord wants to substantially rehabilitate your apartment. Before eviction the rehabilitation must be approved in writing by the RACD. When the renovations are complete, you have the absolute right to immediately return to your old apartment; however, the landlord may increase the rent.

https://www.thelpa.com/Washington-DC-TenantGuide.pdf

As a landlord, you should discuss with the Office of the Tenant Advocate the proper way to provide notice to your tenant. Your renovation would most likely meet the terms of the "substantial rehabilitation" clause. What do you intend to do with the property post-renovation? This is actually the most important factor in how you ought to proceed. If you intend to sell, I'd say that you are best off using the "landlord or owner's personal use" clause for a legal eviction. Reclaim the property with 90 days' notice, then begin renovations. Those will easily take a few months. Then move to sell the property, as your tenant will probably already be in a new property for many months at that point. You just can't re-rent the property for 12 months after reclaiming it from the tenant.

[Anonymous]

You can't evict someone under personal use and then turn around and sell the place. That is illegal and would open you up to liability. You also can't simply not renew their lease-- in DC tenants have a right to continue leasing as long as they aren't violating lease terms (unless an exception like personal use or sunstantial renovation applies).

[Anonymous]

read the tenant survival guide on the OTA website.
hire a lawyer if you aren't 100% sure you're doing things right.

a wrongful eviction case will be very expensive and time-consuming to defend--and if the eviction really was against DC law, you won't have a defense and the only issue will be how much you'll have to pay your tenant in damages.

[Anonymous]

Anonymous wrote:You can't evict someone under personal use and then turn around and sell the place. That is illegal and would open you up to liability. You also can't simply not renew their lease-- in DC tenants have a right to continue leasing as long as they aren't violating lease terms (unless an exception like personal use or sunstantial renovation applies).

Yet this is exactly what happens in DC all the time. I agree that it is technically illegal and would open you to liability, but smalltime landlords of SFHs and condos do it pretty frequently. Once your tenant has signed the TOPA quit notice, its very difficult for that tenant to come after you. In my experience, most landlords wait a few months before selling the home.