At the Law Office of Alfredo Vasquez, we handle all types of legal issues affecting small DC landlords. Whether it is updating a lease agreement, applying for a Basic Business License (yes, DC landlords need a license to rent residential property) or terminating a tenancy over nonpayment of rent, our attorney is ready advise you on your rights and obligations as a DC landlord. Contact us today to see how we can help.
In the District of Columbia, simple conflicts between landlords and tenants can be prolonged and challenging for both parties. DC landlord-tenant laws and procedures can be complex and challenging, but the advice of an experienced DC landlord-tenant attorney can help simplify an already difficult process.
Landlords in Washington, DC have important rights, as well as responsibilities, governed by local laws. Some of these rights include:
Right to Terminate a Lease and Evict a Tenant
While terminating a lease and evicting a tenant is never a step a landlord wants to have to take, it is sometimes unavoidable. Evictions are necessary when a tenant stops paying the rent or violates the terms of the lease agreement.
A landlord cannot terminate a lease just because they do not like a tenant or for a discriminatory reason, and DC residential landlords cannot terminate a lease simply because it expired. Washington, DC is particular in how evictions should proceed, and affords a great deal of protection to tenants. Landlords need to make certain they comply with all DC laws and municipal regulations.
Right to Stop Leasing the Property
Landlords sometimes decide to stop leasing a property. If it is a residential property, they may even choose to live on the property themselves. While DC law allows for this circumstance, the process can be quite complex.
Landlord Remedies for Tenant Default in Washington, DC
Tenants do not always comply with the terms of the lease agreement. When they do not comply, landlords have certain remedies available to them. The lease agreement is the first place to look for remedies. Available remedies vary depending on the tenant's default, whether that is because the tenant abandons the property, stops payment of rent, or refuses to cure lease violations.
Legal Assistance for Evictions in Washington, DC
Both landlords and tenants have rights and responsibilities in Washington, DC in terms of their property and the eviction. Making sure each complies with the rules and follows procedures accordingly is important to secure justice in any given situation. A mistake can cause delays and other problems contrary to your interests.
At the Law Office of Alfredo Vasquez, our landlord-tenant attorney handles eviction cases in Washington, DC. We know the law. We know the arguments that are often used on both sides. And we act proactively and professionally to make sure your interests and rights are protected and upheld. Contact us today for professional, personalized help.
Basic Eviction Process
The exact process for eviction varies from state to state and the process for eviction in Washington, DC is distinct from its neighboring states. There are some steps that are common in almost all jurisdictions.
Proper Notice: A tenant must be given proper notice that they must leave the premises by a certain date. DC law provides for different types of notices and time frames depending on the scenario and reason for eviction. Before sending a notice, landlords should contact an experienced landlord-tenant attorney to ensure the notice and the method of delivering the notice comply with DC eviction laws and DC landlord-tenant law.
File and Serve Notice: Generally, the landlord will next need to file a complaint in the landlord-tenant branch of DC Superior Court and have the tenant served with a notice of hearing regarding their occupancy of the property.
Hearing Held: An initial hearing is held before a magistrate judge. If the judge agrees that the case should move forward, a mediation and trial date will be set. A tenant can demand a jury trial if they feel it is in their interest.
Mediation Held: DC Courts require mediation before a trial can take place. Mediations are conducted by trained mediators at no cost to the parties. Mediations can help landlords and tenants reach move-out or payment agreements.
Trial: Landlords are expected to present evidence supporting their reason to request the eviction. In non-payment of rent cases, landlords are expected to produce ledgers showing tenants' payment and the balance owed.
Tenant Removed: If, after the trial, the court has entered a judgement for possession, a landlord can apply for a writ of eviction. Tenants have a right to repay what they owe to remain in the unit up until the moment the eviction is set to take place.
The eviction process in D.C. can be long, complex, and frustrating. Having an experienced landlord-tenant attorney is the best way to navigate this process. At the Law Office of Alfredo Vasquez, our attorney will assist you in navigating the process and identifying possible solutions to avoid prolonged litigation.
Contact us to get your specific questions and concerns answered and learn more about your rights and obligations.
Landlord Obligations during an Eviction in Washington, DC
Landlords have certain rules they must abide by during the eviction process. While the specific rules vary by jurisdiction, landlords typically cannot:
- Evict a tenant without cause
- Evict a tenant as a form of retaliation
- Enter the property and remove items belonging to the tenant
- Block the tenants' access to the property
- Evict a tenant without proper notice of the eviction
- Landlords often become upset when they have a tenant who is not paying. Even so, they must follow the legally mandated protocol for eviction.
Do I Need a Business License to be a Landlord in Washington, DC?
In order to rent a residential property in Washington, DC, all landlords are required to obtain a Basic Business License (BBL) and to register their properties with the Office of the Rental Accommodations Division. Failure to have an up-to-date BBL will greatly impact the landlord's ability to seek an eviction in court. It is highly recommended to contact an experienced landlord-tenant attorney to ensure you have all appropriate licenses and registrations prior to filing your case in court or putting your property on the rental market.
Do I Need a Landlord-Tenant Attorney for a Residential Lease in Washington, DC?
It is always advisable to seek the professional counsel of a landlord-tenant lawyer when your property is at stake. There is any number of legal issues that could arise and negatively impact your property interests.
If you are leasing residential property, you may use a standard lease, but it is important that the lease meets any specific concerns or requirements of the property itself and obligations imposed by local and state law.
Common Residential Lease Mistakes in Washington, DC
Despite having all of the above parts of a residential lease in place, mistakes still happen. Primarily, it is because:
- The landlord enters into an oral lease agreement;
- The landlord uses a generic lease agreement and fails to personalize the lease to account for specific details, concerns, or other issues either related to the property or the specific tenant; or
- The landlord provides lease terms that break the law; and
- The landlord (or tenant) fails to retain a lawyer to draft and review the lease agreement to ensure it benefits the respective parties, is clear, addresses proactively any potential future issues, and complies with the law.
By having an inclusive, well-thought-out residential lease agreement in place, both the lessee and lessor can be spared misunderstandings and contention down the road.
If you are leasing commercial property, the stakes are even higher. Leasing agreements are typically not standard but negotiated. Making sure the agreement is comprehensive and the terms and conditions favor you and the property is critical. These leases can also endure for multiple years, so having the ability to consider future issues and act proactively can make the difference in a successful, profitable lease agreement.
At the Law Office of Alfredo Vasquez, our tenant-landlord attorney will draft, assess, and review leases for properties in Washington, DC to ensure they comply with the law and are fair.
Contact a Real Estate Attorney in Washington, DC Today
At the Law Office of Alfredo Vasquez, our real estate lawyer in Washington, DC will review your case and advise you of your best legal options. Acting proactively and professionally throughout the course of this process will help you in the long run, and we can help make sure that happens through our representation of you and your rights. Contact us today either by filling out the online form or calling us at (202) 525-7710 to schedule a consultation.