Free District of Columbia Landlord/Tenant FAQs | Free District of Columbia Landlord/Tenant Legal Documents

Can I, As A Tenant, Be Cited For Violating Housing Codes?

Tue, 29 May 2007 21:19:00 GMT

Yes, you can. Tenants can be and are issued Housing Violation Notices for unsanitary conditions says the HRA. The law dictates that tenants have a responsibility to maintain and clean the apartment, to use all the electrical, gas, plumbing and heating equipment properly. Landlords have the right to ask for HRA inspections of an apartment if they think it`s not being maintained properly but they must have evidence.

Can My Landlord Enter My Apartment -- Or Let Repairmen In -- When I'm Not There?

Tue, 29 May 2007 21:19:00 GMT

Housing laws do not address a landlord`s ability to enter an apartment, or let repairmen in, without prior notification. If you want to establish what the ground rules are in your case, the HRA suggests you come to an agreement with your landlord before you move in. Some tenants insist on being there (when repair work is to be done) and ask the landlord for, say, 24hours` notice, says Hay. If the relationship is good enough, then some kind of agreement can be reached.

Can The Hra Help Me In Other Ways?

Tue, 29 May 2007 21:19:00 GMT

If you have questions about housing code violations, call the HRA at (202) 7277673. If you have questions about rent stabilization laws, security deposits or evictions, call (202) 7277315. If you have more general questions, call the District`s Department of Consumer and Regulatory Affairs at (202) 7277170.

Do I Need To Bring Anything To File The Suit?

Tue, 29 May 2007 21:19:00 GMT

A Copy of the Notice to Quit in English and Spanish for sole possession cases only. The Landlord and Tenant Office supplies the Complaint. Filing fee of $15.00

Does A Landlord Have An Obligation To Heat An Apartment?

Tue, 29 May 2007 21:19:00 GMT

If the heat in your apartment is not under your control, the law dictates that the landlord must keep your apartment at a minimum 68 degrees Fahrenheit between 6:30 a.m. and 11:00 p.m., and at a minimum 65 degrees the rest of the time.

Does My Security Deposit Collect Interest?

Tue, 29 May 2007 21:19:00 GMT

The DCHC dictates that the interest rate on the deposit be equal to the passbook interest rate. The prevailing rate on either January 1 or July 1 applies for all or part of the six months following those dates in which you rent the apartment.

How Can I Learn About D.C. Rental Law?

Tue, 29 May 2007 21:19:00 GMT

The District of Columbia Housing Code (DCHC) is enforced by the D.C. Department of Consumer and Regulatory Affairs` Housing Regulation Administration (HRA). The HRA publishes the Tenant`s Guide to Safe and Decent Housing, a 30page booklet summarizing the D.C. housing code and its partner, the Rental Housing Act of 1985, which is the city law covering rentcontrolled apartments. To obtain a copy, visit the Housing Regulation Services Center in Room 700 at 614 H Street, N.W., Washington, D.C., 20001, telephone (202) 7277395, or send the office a selfaddressed, stamped envelope to receive the guide by mail.

How Can I Sue In Landlord And Tenant Court?

Tue, 29 May 2007 21:19:00 GMT

File a complaint in the Landlord and Tenant Office. Only landlords may sue in this court.

How May I Collect On The Money Judgment?

Tue, 29 May 2007 21:19:00 GMT

Through various attachments and writs. See the Landlord and Tenant Clerk for additional information, forms, and costs.

How May I Evict A Tenant Who Is Suspected Of Selling Drugs?

Mon, 04 Jun 2007 21:51:22 GMT

Through normal landlord an tenant eviction procedures. This type of case is heard within two weeks after filing of the complaint instead of three weeks. Let the clerk know that it is a drug haven case.

How May I Get A Money Judgment?

Tue, 29 May 2007 21:19:00 GMT

First, the tenant must be served personally with a copy of the summons. When the case is called in court, tell the clerk to send it before the judge. Ask the judge to grant you a money judgment.

How May I Get Monies Released From The Court Registry?

Mon, 04 Jun 2007 21:51:22 GMT

File a motion in the Landlord and Tenant Clerk`s Office. The Clerk`s Office has a standard motion form. Cost is $10.00.

How May I Get The Landlord To Make Repairs?

Tue, 29 May 2007 21:19:00 GMT

First, call the Rental Accommodations Office concerning complaints and requests for instructions 2024424610. If you have a court date, mention the repairs to your landlord in order to get them repaired. If the landlord refuses to make repairs, request the Court`s assistance.

How Much Time Do I Have To Execute Or Follow Through On The Money Judgment?

Mon, 04 Jun 2007 21:51:22 GMT

Three years if the judgment is unrecorded and 12 years if the judgment is recorded with the D.C. Recorder of Deeds. Ask the clerk about recording the money judgment.

How Soon Is A Landlord And Tenant Case Heard After It Is Filed?

Mon, 04 Jun 2007 21:51:22 GMT

A minimum of 3 weeks.

I Have A Default Judgment, What May I Do To Evict The Tenant?

Tue, 29 May 2007 21:19:00 GMT

Fortyeight hours after entry of judgment, return to the Landlord and Tenant Clerk`s Office to file a writ of restitution. Filing Fee $70.00 (Clerk`s fee is $10.00; U.S. Marshal`s fee is $60.00).

I Need More Time To Pay My Rent, What May I Do?

Tue, 29 May 2007 21:19:00 GMT

Show up on time for your court date. Meet with your landlord in court and enter into a consent agreement to pay your rent. Difficult cases will go before the court.

I Was Wrongfully Evicted, What May I Do?

Tue, 29 May 2007 21:19:00 GMT

Report to the Landlord and Tenant Clerk`s Office for the facts in the case. Contact an attorney to assist you. If you cannot afford an attorney, speak with the landlord and tenant clerk for further instructions.

If Something Needs To Be Fixed When I Move In, What Should I Do?

Tue, 29 May 2007 21:19:00 GMT

If anything needs to be repaired when you move into an apartment, make a detailed list, give it to the landlord or his representatives, and either have it signed and dated by the landlord, or send it by registered mail and keep a copy for yourself. Log all calls. The HRA asks that tenants be patient and flexible while the landlord schedules repairs. If a repair must be made because of a code violation, the law will dictate how fast the repair must be made. If this is not the case, however, and you think a reasonable amount of time has passed, you can call the HRA.

Is There Any Basic Information I Need To Know About Renting?

Tue, 29 May 2007 21:19:00 GMT

Before you dive into the code`s specifics, there is one basic rule of thumb for D.C. apartmenthunting: Read your lease and understand what your responsibilities are when you sign it. One of the biggest landlordtenant problems faced by the D.C. Law Students In Court Program, an organization of courtcertified, thirdyear law students who represent incomelimited individuals before the law, is tenants who aren`t fully aware of the obligations they agreed to in their leases. If you want to avoid surprises, get all your agreements in writing and make sure you understand the obligations that you are taking on under those agreements when you sign your lease.

Is There Anything Special I Need To Know About Getting A Group House?

Tue, 29 May 2007 21:19:00 GMT

Since sprawling, highrise apartment buildings are relatively scarce in D.C., group houses are a common rental option and come with a unique set of leasing issues. A number of people sign a lease, in a group house, says Ann Marie Hay, director of the D.C. Law Students In Court Program, but then people sequence through the house. Some move out, new people move in and then some of the people who originally signed the lease are no longer there. Under a concept known as joint and several liability, if legal disputes arise or back rent is owed, the house`s landlord can pursue all the original signers of the lease for remedy, or he can just concentrate on the one or two left in the house.

May I Pay My Rent Into The Court Registry Until The Repairs Are Made?

Tue, 29 May 2007 21:19:00 GMT

Yes. Ensure there is a written agreement concerning the repairs approved by the court.

May I Sue The Landlord For Damage To Property?

Tue, 29 May 2007 21:19:00 GMT

Suits for damages must be filed in the Small Claims and Conciliation Branch, Room JM260, if the amount is $5,000 or less. Suits for damages more than $5,000 must be filed in the Civil Court.

Should I Ask The Landlord For An Official Inspection Of The Apartment Before I Move In?

Tue, 29 May 2007 21:19:00 GMT

The DCHC states that apartments and their furnishings must be in a clean, safe and sanitary condition.

What About Air Conditioning?

Tue, 29 May 2007 21:19:00 GMT

If air conditioning is provided by your landlord, it must be in good and safe working order and be able to cool your apartment down to at least 15 degrees Fahrenheit lower than the outside air temperature, according to published weather reports. If you think your air conditioning is faulty and complain to the HRA, inspectors will take a reading in your apartment.

What Can I Be Evicted For -- And What Is The Process?

Tue, 29 May 2007 21:19:00 GMT

A landlord may not evict you without prior, written notice, except in the case of nonpayment 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.

What Do I Need To Know About My Security Deposit -- And When Can I Get It Back?

Tue, 29 May 2007 21:19:00 GMT

The security deposit is often the first major exchange of money between a new tenant and a landlord. The HRA suggests you clearly understand the landlord`s terms and conditions regarding the deposit and its return when the time comes. The landlord is required to state these terms and conditions on the lease or on your receipt for the deposit. But the DCHC really kicks in when you move out of an apartment. When you leave, the landlord has 45 days either to return your deposit or notify you in writing of any intention to apply the money toward damages in the apartment. If your landlord does this, he then has 30 days from the day he notified you to return whatever money is left over and provide you an itemized statement of the repair costs. The DCHC also authorizes the landlord to make an inspection of the apartment three days before (or after) your tenancy ends, but he must notify you of the inspection at least 10 days before it occurs.

What Else Does The Tenant's Guide Cover?

Tue, 29 May 2007 21:19:00 GMT

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 coops, 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 lowcost legal services, should you need them.

What Happens On The Court Date?

Tue, 29 May 2007 21:19:00 GMT

Roll Call starts at 9:00 a.m. Parties answer present when their name is called. Failure of tenant to appear results in a default. Failure of landlord to appear results in a dismissal. When both parties appear, conciliation is attempted between parties. Arrangement to pay rent is possible. If parties are not able to resolve their differences, the case goes before the court.

What May Be Done If The Landlord Fails To Complete Repairs On Time?

Tue, 29 May 2007 21:19:00 GMT

Inquire of the landlord what is causing the delay and attempt to work out additional terms, or report to the Clerk`s Office one day after the repairs were scheduled to be completed. The clerk will give you a form to complete instructing the landlord to return to court because of the lack of repairs.

What May The Landlord Do If The Tenant Fails To Make His Rental Payments According To A Consent Agreement?

Mon, 04 Jun 2007 21:51:22 GMT

File an application to terminate the stay of execution, which subjects the tenant to eviction procedures.

What Must I Do If I Cannot Meet A Payment Plan?

Tue, 29 May 2007 21:19:00 GMT

Contact the landlord and ask for an extension of time. If he refuses, inform him that you will return to court.

When Can I Sue In Landlord And Tenant Court?

Tue, 29 May 2007 21:19:00 GMT

When the tenant fails to pay his rent, fails to vacate the premises after a written notice to quit, and in Drug Haven cases.

When Is A Landlord Permitted To Raise The Rent?

Tue, 29 May 2007 21:19:00 GMT

The Rental Housing Act of 1985 covers more than 60 percent of all rental housing in the District. According to this law, there are several ways a landlord can raise an apartment`s rent ceiling the legal limit that can be charged for that unit. The one most renters will run into is a yearly automatic rental increase based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPIW).

Once every 12 months, landlords of properties covered by the law are allowed to increase the rent ceiling by a percentage equal to the CPIW, which has been running between 1 and 3 percent in the last few years. (Note: the rent ceiling is the legal amount a landlord is allowed to charge on an apartment covered by the law, but not necessarily the amount he will charge.) A landlord can increase the rent any amount he likes so long as it remains under the rent ceiling. Rent can be increased only with 30 days` written notice, and only if at least 180 days have passed since the last increase.

Where Are You Located And What Are The Business Hours?

Tue, 29 May 2007 21:19:00 GMT

Location: H. Carl Moultrie I Courthouse, 500 Indiana Avenue NW, Landlord and Tenant Office, Room JM255, Washington, DC.

Hours:
Monday Friday, 8:30 a.m. 4 p.m.
Saturday, 9 a.m. 12 p.m.

Where May A Tenant File A Complaint Against The Landlord?

Tue, 29 May 2007 21:19:00 GMT

The Rental Accommodations Office, Department of Consumer and Regulatory Affairs, 941 North Capitol Street NE, Seventh Floor, Washington, DC 20002, Phone: 2024424610. In addition, the MultiDoor Dispute Resolution Division at D.C. Superior Court mediates disputes between the landlord and tenant. Parties may consult the Legal Aid Society for legal advice.

Whom Do I Call If I Disagree With My Landlord?

Tue, 29 May 2007 21:19:00 GMT

If you have a dispute with a landlord that you cannot resolve, you can file an official complaint with the Housing Regulation Administration. When you call, be sure to have as much information as possible about your landlord and the building, including names of the owners, addresses and telephone numbers. Also, be sure to let the HRA know where they can reach you during the day. A staff member has three days to contact you to schedule an inspection if they can`t find you, your case may be closed. The HRA says inspections are normally conducted within five working days after they contact you, or seven working days if the complaint is about the exterior of the building. In scheduling inspections, the HRA gives priority to interior inspections in occupied housing. Both the D.C. Housing Code and the Rental Housing Act of 1985 explicitly prevent landlords from taking retaliatory action against tenants who complain about housing violations. Retaliatory action includes attempts by a landlord to take back the apartment in violation of housing laws, reducing the quantity or quality of services provided, unlawfully increasing rent, harassing, threatening, coercing, or violating the privacy of the tenant, or refusing to honor any or all of a lease agreement.

Why Must I Pay An Additional $70.00 Eviction Fee When I Have Already Filed A Writ Of Restitution To Evict The Tenant?

Mon, 04 Jun 2007 21:51:22 GMT

After the writ of restitution has been filed in the Landlord and Tenant Clerk`s Office and the U.S. Marshal has not evicted the tenant within the applicable 35 days, an additional $60.00 is required for the U.S. Marshal Fee and $10.00 for the clerk. Any questions regarding eviction procedures must be directed to the U.S. Marshal. The U.S. Marshal`s Office is located on the C level in the Main Building of the H. Carl Moultrie Courthouse. Only the court (landlord and tenant judge) may waive (set aside) the $10.00 clerk`s fee.

Will The Court Appoint An Attorney?

Tue, 29 May 2007 21:19:00 GMT

The Court may appoint a law student from the D.C. Law Students In Court program in certain cases and upon availability. The court may appoint an attorney in fiduciary and military personnel cases. No other free legal assistance is available in landlord and tenant for appointment.

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