Real Estate Posts


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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
DC’s New AirBnB Law

DC’s New AirBnB Law

On Tuesday October 2, 2018, the D.C Council took a preliminary, unanimous, vote to enact one of the most stringent regulations in the Country on short-term housing rentals such as Airbnb , HomeAway, and VRBO. If the bill becomes law in its present form, homeowners would only be allowed to rent out rooms in their main residence for 90 days per year while they are absent – so called “vacation rentals.” However, there is no limit on rentals while the host is present, i.e. spare bedroom “house sharing.”
Read More
Condo super priority lien decision obliterates mortgages

Condo super priority lien decision obliterates mortgages

A week ago the D.C. Court of Appeals handed down a decision that answered lingering questions about condo super priority lien foreclosures. It is a potentially a huge blow to mortgage lenders and a windfall to the investors who bought up these foreclosures by the dozen.
Read More
D.C. Real Estate News

D.C. Real Estate News

It’s hot, like really hot. Like sign of the apocalypse, wrath of god, we are finally paying for our sins in a fiery humid eternity. I can’t imagine that anyone can generate the energy it takes to househunt or perform due diligence walkthroughs of un-airconditioned pre-buildout space. But, the Council has been busy with its legislative agenda much of which can impact your real estate business.
Read More
Emergency law to implement changes to DC eviction procedures

Emergency law to implement changes to DC eviction procedures

A couple of months ago, I posted that the U.S. Marshals Service announced changes to DC eviction procedures. Broadly speaking the Marshals decided that they would no longer supervise the removal of tenant belongings from a unit, but merely allow the landlord to execute a lock change at eviction.
Read More
D.C. property managers can NOT be paid a sales commission

D.C. property managers can NOT be paid a sales commission

Here is a scenario I’ve seen a half-dozen or so times. A homeowner hires a professional property manager to rent out the owner’s house after a move out-of-state. The management contract contains fairly standard language stating that if the Owner sells the property to a tenant, the Property Manager is entitled to a sales commission as the procuring source. The owner at some point decides to sell, hires an agent, and either via TOPA or directly, the tenant purchases.
Read More
New DC eviction procedures starting this summer

New DC eviction procedures starting this summer

For years landlords and tenants alike have complained that the DC eviction procedures are unfair. Landlords complain that the process is inefficient and slow, as a result, it takes too long to regain possession of the rental unit after an eviction order. Tenants have decried the process as inhumane and resulting in damage, destruction, and theft of personal belongings.
Read More
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Real Estate Post


Image
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
DC’s New AirBnB Law

DC’s New AirBnB Law

On Tuesday October 2, 2018, the D.C Council took a preliminary, unanimous, vote to enact one of the most stringent regulations in the Country on short-term housing rentals such as Airbnb , HomeAway, and VRBO. If the bill becomes law in its present form, homeowners would only be allowed to rent out rooms in their main residence for 90 days per year while they are absent – so called “vacation rentals.” However, there is no limit on rentals while the host is present, i.e. spare bedroom “house sharing.”
Read More
Condo super priority lien decision obliterates mortgages

Condo super priority lien decision obliterates mortgages

A week ago the D.C. Court of Appeals handed down a decision that answered lingering questions about condo super priority lien foreclosures. It is a potentially a huge blow to mortgage lenders and a windfall to the investors who bought up these foreclosures by the dozen.
Read More
D.C. Real Estate News

D.C. Real Estate News

It’s hot, like really hot. Like sign of the apocalypse, wrath of god, we are finally paying for our sins in a fiery humid eternity. I can’t imagine that anyone can generate the energy it takes to househunt or perform due diligence walkthroughs of un-airconditioned pre-buildout space. But, the Council has been busy with its legislative agenda much of which can impact your real estate business.
Read More
Emergency law to implement changes to DC eviction procedures

Emergency law to implement changes to DC eviction procedures

A couple of months ago, I posted that the U.S. Marshals Service announced changes to DC eviction procedures. Broadly speaking the Marshals decided that they would no longer supervise the removal of tenant belongings from a unit, but merely allow the landlord to execute a lock change at eviction.
Read More
D.C. property managers can NOT be paid a sales commission

D.C. property managers can NOT be paid a sales commission

Here is a scenario I’ve seen a half-dozen or so times. A homeowner hires a professional property manager to rent out the owner’s house after a move out-of-state. The management contract contains fairly standard language stating that if the Owner sells the property to a tenant, the Property Manager is entitled to a sales commission as the procuring source. The owner at some point decides to sell, hires an agent, and either via TOPA or directly, the tenant purchases.
Read More
New DC eviction procedures starting this summer

New DC eviction procedures starting this summer

For years landlords and tenants alike have complained that the DC eviction procedures are unfair. Landlords complain that the process is inefficient and slow, as a result, it takes too long to regain possession of the rental unit after an eviction order. Tenants have decried the process as inhumane and resulting in damage, destruction, and theft of personal belongings.
Read More
1 2