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Reply to "TOPA exemption for SFHs in DC - will this create more supply?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]1. In DC, if a tenant is on a month-to-month lease, that means THE TENANT can terminate the lease with 1 month's notice. The owner still needs to appeal to a legally valid reason (e.g., personal use) to terminate the lease. 2. If I were your tenant, you evicted me by claiming personal use, and the day after you put the house up for sale, I would sue you for fraud. You would have to show that something happened that could plausibly have made you change your mind about personal use... Bottom line: a desire to sell a house is not a legally valid reason to terminate a lease. You would still have to sell the house with the tenant in it. Of course, since they no longer have TOPA rights, that might not be such a hassle. [/quote] Fraud? TOPA was your leverage and now that’s gone. That’s how you were able to previously sue because you had a statutory right to the first bite of the apple. In practical terms, I’d probably need 4-8 weeks to get the house in order for the market. So that’s “personal use” for a month or two and then I go to sell. I don’t see how this would be legal, given the proposed legislation. I’d need to read the statute text closely. [/quote] Edit - “I don’t see how this is ILLEGAL...”[/quote]
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