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Reply to "Evicting in DC"
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[quote=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. [quote][i]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.[/i][/quote] [quote][i] 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. [/i][/quote] 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.[/quote]
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