Real Estate Posts


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DC Landlords MUST Have a Business License to File for Eviction

DC Landlords MUST Have a Business License to File for Eviction

A new law making it tougher for landlords to evict tenants took effect on November 9, 2020. Among the tenant protections in the Fairness in Renting Emergency Amendment Act, is a requirement that landlords have a current housing basic business license in order to access the courts and file an eviction case. This is a change from the Superior Court’s existing precedent, which allowed even unlicensed owners to pursue eviction.
Read More
DC’s New Law Further Prevents Landlords from Protecting Life, Safety, and Property

DC’s New Law Further Prevents Landlords from Protecting Life, Safety, and Property

On October 14, 2020 a new law is set to go into effect further restricting landlords’ from preventing harm to tenants and buildings. The law does two things: prohibits a housing provider from issuing a notice to vacate to a tenant; and use any alternative means, such as decreasing services, to constructively evict a tenant. Notably, the second piece is redundant, as constructive eviction has been illegal for decades.
Read More
DC Clarifies Landlords’ Cleaning Obligation Under Coronavirus Law

DC Clarifies Landlords’ Cleaning Obligation Under Coronavirus Law

While the eviction moratorium and rent freeze get all of the attention, housing providers have additional obligations under the Coronavirus laws. Recently, DCRA published an emergency rulemaking which sets out in detail certain cleaning requirements for landlords.
Read More
Source Of Income Discrimination In DC

Source Of Income Discrimination In DC

On July 23, 2020, D.C. filed 8 Source Of Income Discrimination cases against landlords. A growing number of jurisdictions have Source Of Income Discrimination Laws.
Read More
June Amendments to DC Coronavirus Law effective July 17

June Amendments to DC Coronavirus Law effective July 17

On June 8, 2020, the DC Council adopted the latest amendments to the emergency Coronavirus law. However, the amendments did not actually go into effect until July 17, 2020. The changes impact landlord obligations to tenants as outlined below.
Read More
Landlords Challenge Eviction Restrictions in Federal Courts

Landlords Challenge Eviction Restrictions in Federal Courts

In New York and Texas landlords have filed federal lawsuits, claiming that laws denying them access to the courts to pursue evictions violate their constitutional property and contractual rights.
Read More
Newest Coronavirus Law Clarifies Landlord Obligations

Newest Coronavirus Law Clarifies Landlord Obligations

On May 19, 2020, the DC Council further specified landlords’ obligations to offer payment plans under the Coronavirus Support Emergency Act. Two weeks ago the Council approved a law requiring, among other things, that certain landlords enter into payment plans with tenants’ whose ability to pay rent has been impacted by the public health emergency. However, the original law was vague as to specific rights and obligations. This week the Council approved new legislation to clarify several aspects of the law.
Read More
DC’s New Coronavirus Law Requires Rent Payment Plans

DC’s New Coronavirus Law Requires Rent Payment Plans

The DC Council’s third emergency Coronavirus law requires landlords to give payment plans for missed rent payments during the public health emergency and for a year thereafter. While the law is fairly clear about who it applies to it contains few details about the required contents of a payment plan. Notwithstanding the gaping holes in this legislation, here are the details that we have now.
Read More
Breaking The Lease: Tenant Move-Out Before Lease End

Breaking The Lease: Tenant Move-Out Before Lease End

Over the last month, an increasing number of tenants have been moving-out of their apartments early to live with family for the duration of the global health crisis. When this happens, landlords often do not know what to do. Below is a brief outline of the steps to take when a tenant abandons a rental unit.
Read More
New COVID-19 Law for DC Landlords

New COVID-19 Law for DC Landlords

The COVID-19 Response Supplemental Emergency law. provides mortgage deferment, rent freezes, stops notices to vacate and protects consumers from certain debt collection activities. Obviously, the law was hastily drafted and it is not completely clear how it will be applied. This post will be updated as additional information becomes available.
Read More
Commercial Lease Agreements in DC: ‘Must Haves’ for Landlords

Commercial Lease Agreements in DC: ‘Must Haves’ for Landlords

When the courts interpret a commercial lease, they assume that both landlord and tenant are sophisticated businesspeople with equal negotiating leverage. Unlike residential tenancies, there are no legal presumptions to favor tenants in eviction cases. That makes the specific language of a commercial lease extremely important. Below, I list, and explain, what I see as the most important commercial lease provisions for landlords.
Read More
DC Rent Control Exemptions

DC Rent Control Exemptions

I ask most new clients if they are registered for rent control or if they have “perfected an exemption.” Often, the response is, ‘I’m exempt, I only have 1 unit.” If you read carefully, you’ll realize that is not the question that I asked. “Have you PERFECTED an exemption from rent control?” In DC you may be eligible for an exemption from rent control if you ( not your corporation) own less than four (4) rental units. The so-called “small landlord” rent control exemption is very common, but there are other reasons that a housing provider might be eligible for an exemption.
Read More
DC Eviction Guide For Landlords

DC Eviction Guide For Landlords

Eviction of a tenant in DC is more difficult, time-consuming, and expensive than anywhere else in the country. The laws and regulations are heavily slanted against landlords and free lawyers are readily available to tenants. Presently, there are only ten (10) legal reasons that a landlord can evict a tenant, all of which are interpreted very strictly.
Read More
DC Security Deposit Rules

DC Security Deposit Rules

If you are or want to be a landlord in DC you may have a lot of worries about your legal responsibilities. Collecting a security deposit, like everything else in the DC rental business has very specific and technical rules. This post covers the basics of what you need to know.
Read More
How Is DC Going To Enforce Its AirBnB Law?

How Is DC Going To Enforce Its AirBnB Law?

When D.C. adopted one of the most stringent laws in the country to regulate transient, so-called ‘AirBnB’ rentals, the practical reality of actually implementing it took a back seat in the public debate. The recent struggles of New York City with its Air BnB restrictions raises a serious question about D.C.’s ability to actually enforce its ambitious measure.
Read More
D.C. Council Stops Evictions for Federal Workers

D.C. Council Stops Evictions for Federal Workers

On January 22, the D.C. Council passed emergency legislation to give formerly furloughed federal workers and contractors relief from eviction, late fees and foreclosure sales. The new law allows Judges to stay eviction and foreclosure proceedings against federal workers until thirty (30) days after the government reopens or 90 days after a worker’s last paycheck.
Read More
Using an internet form lease is stupid in DC

Using an internet form lease is stupid in DC

Many DC Landlords simply use free lease form they find on the internet. Don’t. The money you will save is peanuts compared to the potential liability.
Read More
D.C. Rent Concessions Law

D.C. Rent Concessions Law

In the time crunch before the end of the Council Period, it seems that the years-in-the-making legislation to quell the practice of rent concessions will finally come to fruition. Brief history lesson: prior to 2006 Rent Control was based on a system of rent ceilings. The “ceiling” was the maximum chargeable rent under the statute. For a variety of reasons, the “ceiling” would typically be substantially higher than the market rent.
Read More
DC Council approves final version of AirBnB Law

DC Council approves final version of AirBnB Law

In October the Council took a preliminary vote to adopt among the most restrictive short-term housing regulations (AirBnB Law) in the Country. This week the Council passed the final version of the law, with only small changes. The new law will be a potentially huge impediment for owners who earn money renting out their property via sites like AirBnB, Homeaway, or VRBO.
Read More
Can one co-owner of a home sell without permission?

Can one co-owner of a home sell without permission?

Two or more people own a house, and one co-owner decides that he or she no longer wants to be an owner. What, can be done? It’s called ‘partition’ and it happens all the time, in a variety of circumstances.
Read More
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Real Estate Post


Image
DC Landlords MUST Have a Business License to File for Eviction

DC Landlords MUST Have a Business License to File for Eviction

A new law making it tougher for landlords to evict tenants took effect on November 9, 2020. Among the tenant protections in the Fairness in Renting Emergency Amendment Act, is a requirement that landlords have a current housing basic business license in order to access the courts and file an eviction case. This is a change from the Superior Court’s existing precedent, which allowed even unlicensed owners to pursue eviction.
Read More
DC’s New Law Further Prevents Landlords from Protecting Life, Safety, and Property

DC’s New Law Further Prevents Landlords from Protecting Life, Safety, and Property

On October 14, 2020 a new law is set to go into effect further restricting landlords’ from preventing harm to tenants and buildings. The law does two things: prohibits a housing provider from issuing a notice to vacate to a tenant; and use any alternative means, such as decreasing services, to constructively evict a tenant. Notably, the second piece is redundant, as constructive eviction has been illegal for decades.
Read More
DC Clarifies Landlords’ Cleaning Obligation Under Coronavirus Law

DC Clarifies Landlords’ Cleaning Obligation Under Coronavirus Law

While the eviction moratorium and rent freeze get all of the attention, housing providers have additional obligations under the Coronavirus laws. Recently, DCRA published an emergency rulemaking which sets out in detail certain cleaning requirements for landlords.
Read More
Source Of Income Discrimination In DC

Source Of Income Discrimination In DC

On July 23, 2020, D.C. filed 8 Source Of Income Discrimination cases against landlords. A growing number of jurisdictions have Source Of Income Discrimination Laws.
Read More
June Amendments to DC Coronavirus Law effective July 17

June Amendments to DC Coronavirus Law effective July 17

On June 8, 2020, the DC Council adopted the latest amendments to the emergency Coronavirus law. However, the amendments did not actually go into effect until July 17, 2020. The changes impact landlord obligations to tenants as outlined below.
Read More
Landlords Challenge Eviction Restrictions in Federal Courts

Landlords Challenge Eviction Restrictions in Federal Courts

In New York and Texas landlords have filed federal lawsuits, claiming that laws denying them access to the courts to pursue evictions violate their constitutional property and contractual rights.
Read More
Newest Coronavirus Law Clarifies Landlord Obligations

Newest Coronavirus Law Clarifies Landlord Obligations

On May 19, 2020, the DC Council further specified landlords’ obligations to offer payment plans under the Coronavirus Support Emergency Act. Two weeks ago the Council approved a law requiring, among other things, that certain landlords enter into payment plans with tenants’ whose ability to pay rent has been impacted by the public health emergency. However, the original law was vague as to specific rights and obligations. This week the Council approved new legislation to clarify several aspects of the law.
Read More
DC’s New Coronavirus Law Requires Rent Payment Plans

DC’s New Coronavirus Law Requires Rent Payment Plans

The DC Council’s third emergency Coronavirus law requires landlords to give payment plans for missed rent payments during the public health emergency and for a year thereafter. While the law is fairly clear about who it applies to it contains few details about the required contents of a payment plan. Notwithstanding the gaping holes in this legislation, here are the details that we have now.
Read More
Breaking The Lease: Tenant Move-Out Before Lease End

Breaking The Lease: Tenant Move-Out Before Lease End

Over the last month, an increasing number of tenants have been moving-out of their apartments early to live with family for the duration of the global health crisis. When this happens, landlords often do not know what to do. Below is a brief outline of the steps to take when a tenant abandons a rental unit.
Read More
New COVID-19 Law for DC Landlords

New COVID-19 Law for DC Landlords

The COVID-19 Response Supplemental Emergency law. provides mortgage deferment, rent freezes, stops notices to vacate and protects consumers from certain debt collection activities. Obviously, the law was hastily drafted and it is not completely clear how it will be applied. This post will be updated as additional information becomes available.
Read More
Commercial Lease Agreements in DC: ‘Must Haves’ for Landlords

Commercial Lease Agreements in DC: ‘Must Haves’ for Landlords

When the courts interpret a commercial lease, they assume that both landlord and tenant are sophisticated businesspeople with equal negotiating leverage. Unlike residential tenancies, there are no legal presumptions to favor tenants in eviction cases. That makes the specific language of a commercial lease extremely important. Below, I list, and explain, what I see as the most important commercial lease provisions for landlords.
Read More
DC Rent Control Exemptions

DC Rent Control Exemptions

I ask most new clients if they are registered for rent control or if they have “perfected an exemption.” Often, the response is, ‘I’m exempt, I only have 1 unit.” If you read carefully, you’ll realize that is not the question that I asked. “Have you PERFECTED an exemption from rent control?” In DC you may be eligible for an exemption from rent control if you ( not your corporation) own less than four (4) rental units. The so-called “small landlord” rent control exemption is very common, but there are other reasons that a housing provider might be eligible for an exemption.
Read More
DC Eviction Guide For Landlords

DC Eviction Guide For Landlords

Eviction of a tenant in DC is more difficult, time-consuming, and expensive than anywhere else in the country. The laws and regulations are heavily slanted against landlords and free lawyers are readily available to tenants. Presently, there are only ten (10) legal reasons that a landlord can evict a tenant, all of which are interpreted very strictly.
Read More
DC Security Deposit Rules

DC Security Deposit Rules

If you are or want to be a landlord in DC you may have a lot of worries about your legal responsibilities. Collecting a security deposit, like everything else in the DC rental business has very specific and technical rules. This post covers the basics of what you need to know.
Read More
How Is DC Going To Enforce Its AirBnB Law?

How Is DC Going To Enforce Its AirBnB Law?

When D.C. adopted one of the most stringent laws in the country to regulate transient, so-called ‘AirBnB’ rentals, the practical reality of actually implementing it took a back seat in the public debate. The recent struggles of New York City with its Air BnB restrictions raises a serious question about D.C.’s ability to actually enforce its ambitious measure.
Read More
D.C. Council Stops Evictions for Federal Workers

D.C. Council Stops Evictions for Federal Workers

On January 22, the D.C. Council passed emergency legislation to give formerly furloughed federal workers and contractors relief from eviction, late fees and foreclosure sales. The new law allows Judges to stay eviction and foreclosure proceedings against federal workers until thirty (30) days after the government reopens or 90 days after a worker’s last paycheck.
Read More
Using an internet form lease is stupid in DC

Using an internet form lease is stupid in DC

Many DC Landlords simply use free lease form they find on the internet. Don’t. The money you will save is peanuts compared to the potential liability.
Read More
D.C. Rent Concessions Law

D.C. Rent Concessions Law

In the time crunch before the end of the Council Period, it seems that the years-in-the-making legislation to quell the practice of rent concessions will finally come to fruition. Brief history lesson: prior to 2006 Rent Control was based on a system of rent ceilings. The “ceiling” was the maximum chargeable rent under the statute. For a variety of reasons, the “ceiling” would typically be substantially higher than the market rent.
Read More
DC Council approves final version of AirBnB Law

DC Council approves final version of AirBnB Law

In October the Council took a preliminary vote to adopt among the most restrictive short-term housing regulations (AirBnB Law) in the Country. This week the Council passed the final version of the law, with only small changes. The new law will be a potentially huge impediment for owners who earn money renting out their property via sites like AirBnB, Homeaway, or VRBO.
Read More
Can one co-owner of a home sell without permission?

Can one co-owner of a home sell without permission?

Two or more people own a house, and one co-owner decides that he or she no longer wants to be an owner. What, can be done? It’s called ‘partition’ and it happens all the time, in a variety of circumstances.
Read More
1 2