State Specific Question About: DISTRICT OF COLUMBIA (DC)

Will I ever be able to get the tenant out of the property? I have gone to court, squatter agreed to leave in Nov. File papers to evict in Nov., but due to inclement weather, they cannot evict.

He has changed the locks, my insurance inspector needed to get into the house to check the mechanical systems. He refused to allow us in--then after calling police, he agreed to let the inspector in with the police. Does it ever end? I started this process a year ago. Is there anything I can do to expedite this process. I can't even go into my own house. What can I do?

Juon, I can't understand your post.

Evictions happen in inclement weather.

Also, if you started "the process" a year ago, how come you filed eviction first in November? What kind of process were you doing before then?

hello,

Sounds like DC marches to a different tune than the rest of the country.

from the link above LL/TT state laws.

14. What can I be evicted for -- and what is the process?

A landlord may not evict you without prior, written notice, except in the case of non-payment of rent. If a landlord wants to evict you for violating your tenancy agreement, it must be a violation of a specific lease provision and he must take action within six months of the violation. If your landlord serves you with a "Notice to Correct or Vacate," document, indicating an intention to evict if you do not remedy the problem, you have 30 days to correct the violation.

You can also be evicted if the building you live in is scheduled for substantial renovations or alterations, or is to be demolished or no longer used as a housing property. In such cases, you have several rights as a tenant, including the right to be notified months in advance, the right to relocation assistance, or possibly the opportunity to buy your dwelling, depending on the situation. Contact the HRA for more details.

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15. What else does the "Tenant's Guide" cover?

In addition to explaining much of the above in fuller detail, The HRA's "Tenant's Guide" outlines the full hearing and adjudication process after a tenant complaint is filed. The booklet also touches on conversion of properties into co-ops, what properties fall under the rent stabilization law and how rent stabilization works. If the apartment you live in or are looking at falls into these categories, you should pick up the booklet. Both the booklet and HRA can also direct you to some free or low-cost legal services, should you need them.

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I would get a copy of the "Tenant's Guide" if I was going to continue being a LL in your state. I would join a apartment owners association. First thing I would do tho.

Is hire a tiger of a eviction lawyer.

You find that out from your association.

I would be looking into city HELP for max write offs for your taxes for 2007. If they are going to force you to lose that kind of income. They better offer assistance. If not

fight back with your association.

Good Luck!

www.dccourts.gov/dccourts/superior/civil/landlord_tenant_faq.jsp#5

Does that link help? Seems to me IF any reality to it, the weather thing is merely a local court item?

And I really have to question the entire length of time it took..seems more to it than posted based on others experiences in DC.

Agree with spending your money with Lawyer. But, am confused. This D.C. area surely the epitome of great things? Wouldn't this small zone, being the cross roads of so much Federal power, oversight and governance be the shinning example of Federal control? Wouldn't this zone be the great example for wonderful public ed accomplishment and capabilities?

posters on this site like to shoot from the hip, without any knowledge into the workings of landlord/tenant issues in a big city, as you can see not one has a clue how it works in the big city, so all you have so far is useless post

But you situation is no different if you where a landlord in NY city, It can take three months to get a haring in NY city, at that point just as it happen to you, if you show up with a lawyer, and the tenant ask for a lawyer the case is re-docket, and that can take another two to three month, very common in NY city, so do not let these posters who have no idea on how the system works, get to you, they are clueless by their post

Just the same on the sheriff office, you know you are telling the truth but yet the poster accuse you of lying, so in summation i would look else where for an opinion because the level of knowledge from the above posters is useless and a waste of your time

Then this is simple: YOUR ATTORNEY SUCKS.

Period. There is nothing more to it. You used an attorney that did a bad job of handling this. He likely was not experienced in evictions and you should have used someone else. End of story.

Also, please give us a link to the exact DC law that says that evictions cannot occur during inclement weather. I'd like to read how they are written. Someone else suggested this might be a local court thing -- but you're saying it is "DC law", so I'd like to read it. Especially where it says that they "will not schedule any evictions if there is the slightest prediction of rain."

- John...

The attorney TALKED YOU INTO???

Again..no GOOD LL attorney would do this so eitehr you have a horrible attorney or there is a reason why he felt you should "give" meaning the tenant has something on you.

There is no STATE law..there are some cities across the US that have weird weather things BUT I've only seen maybe two. You need to ask for the local/county ordinance/statute that says this.

There are DC LL's that have not had your experience so again..please listen to what we are telling you..ESPECIALLY about the attorney thing. If the attorney had not done the 45 day thing and you had started all of this way back when you wouldn't have even HAD to worry about the weather.

Please inquire as to what LEGAL CODE whoever is telling you this is getting it from. If true, your attorney screwed you and you allowed it.

I am sorry for your situation. I tend to think your attorney didn't do something right.

In the agreement reached with the tenant in court, did the court issue (but stay) a writ of possession (or a kick-out order or an order to the Marshall, or whatever it is called in DC)?

I would not settle an eviction without one. That would mean that once the tenant breached the settlement by not moving out on the date specified, the court order to the Marshall or Sheriff or Constable would issue without any more time being wasted.

Of course, you would still have to deal with that bizarre inclement weather restriction -- which I have never before heard of. But you wouldn't have to go back to court for the order.

I am assuming that the DC court would allow the settlement agreement to include a writ of possession to be issued upon non-compliance. If not, then you are truly at the tenant's mercy!