Q: Hello, I am a landlord in Washington DC and need advice on how to deal with my HOA and my tenant.
My tenant is renting via the Housing Choice Voucher Program. Lease started March 1, 2021. He pays rent on time, keeps unit clean and I haven't had any problems. The neighbors have complained about his noise levels and says he has become a nuisance, aggressive and harrassing. Board called a hearing to discuss problems with me & I asked for proof. They provided an expired Temporary Anti-Stalking Order from neighbor who moved out & 2 videos of my tenant as he was leaving unit where he shouts, "You all better leave me alone" Board sends me a letter stating 1.) Not to Renew Lease and 2.) Any further incidents Board recommends eviction and will fine me $500. I told them I will not renew his lease, however tenant states the neighbors are harassing him. In an email President of Board racially profiled my tenant from the beginning and asked me about his mental health. I would never ask my tenant any personal questions. Tenant case manager no help. What are my rights? Can they legal fine me?
A: I am a DC landlord/tenant lawyer. As long as the tenant is not violating his lease, you cannot evict him. The evidence you discuss is not sufficient to warrant eviction. As to whether or not they can fine you, that depends on what is in any agreement you have with the Board. You will likely have more problems if you try to evict him for insufficient reasons than you would if you did what the Board wanted.
A: I agree with Mr. Socci. This is a hard spot, and you are likely to experience the concept of a rock and a hard place if you attempt to evict or non-renew based on those facts in DC. I think you need to strategize to change the dynamic from you against the board to the board against the tenant. I think that starts with a review of the condo rules and the facts, a demand letter drafted by a qualified member of the Bar, and a more detailed review of the racial and mental health profiling involved. While I cannot be certain, I think this approach is likely to be immensely cheaper than kicking out a tenant where the lease isn't violated and fighting with a hostile condo board in DC where the courts often defer to condo democracy.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
