 | | | hold over tenant
Asked Apr 26, 2012, 01:13 PM
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22 Answers All,
In Washington DC, what is the worst that can happen to me if I am a hold over tenant for two or three weeks?
My lease will be up, and I have known for over a month the owners do not want to renew because they are selling the condo unit. Fair enough.
However I have had bad luck in finding a replacement apartment. The rental market is thin. I finally have found one which is on hold except will not be available to me until two or three weeks AFTER my lease ends.
My rent is paid in full for the final month of my current apartment plus the owners have one months rent security deposit of mine.
The owners insist the painters will come the day after my lease ends which I have nicely asked them to please reschedule. No response.
I am not cheating them, have not done any damage, and doing everything I can to vacate but I find the owners to be not nice people.
What is the worst that can happen to me?
Thank you.
Thread Summary |
22 Answers
 | New Member | |
Apr 26, 2012, 03:09 PM
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Originally Posted by AK lawyer  Sorry, but I don't know about DC in particular.
Have they actually given you the written eviction notice? Absent specific language in the lease, I seriously doubt that they can enter to re-paint without your permission. And, push-come-to-shove, they will need a court order in any case.
But please understand, in most places the deposit is not a substitute for timely payment of rent. | I am still within my lease currently, the last day if the lease is a few weeks off. So there is not reason to evict me yet. I suppose they could start that process AFTER the lease ends. I have only notified the owners of my intent to stay two to three weeks past the end of the lease on account of the other apartment being available and asked to please re-schedule painting. There are no other renters, it will be empty. It may be on the market already to sell I am not sure and really don't care if it is. I am trying to leave. Further, maintenance of the central air, etc, happens bi-annually throughout the building in all apt., that is no problem. But why paint with all of my stuff in the way? That just seems dumb. It will be so much easier for them once I am gone. | | | | New Member | |
Apr 26, 2012, 03:12 PM
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Originally Posted by ScottGem One of the key issues is whether they have a waiting tenant. If they don't you might mollify them by offering a little extra. Maybe an additional 10% prorated for the part of the month you will be staying.
But, as others noted, they can make it very uncomfortable for you. | There are no other renters, it will be empty. | | | | New Member | |
Apr 26, 2012, 03:13 PM
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Originally Posted by AK lawyer Sorry, but I don't know about DC in particular.
Have they actually given you the written eviction notice? Absent specific language in the lease, I seriously doubt that they can enter to re-paint without your permission. And, push-come-to-shove, they will need a court order in any case.
But please understand, in most places the deposit is not a substitute for timely payment of rent. | Also, I have always paid my rent on time. I am fully paid to date. | | | | New Member | |
Apr 26, 2012, 03:17 PM
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Originally Posted by Fr_Chuck Do not most leases allow repairs and up keep in the home with a min notice, normally one day to a week ?
I would merely in my apartments, ( when I did paint with them there) just give notice that painters would be painting on such and such dates.
Every spring I had a heat and air person come in and check all the units and filters ( inside and out) of every apartment. Merely posted a week before they would be there. | Repairs are fine. The apt building crew regularly checks the central air, etc. But painting is more drastic and potentially damaging to my property. It will be so much easier for them once I am gone. Anyway, I am wonder whether or not they legally can come in and move my stuff around to paint when I am already on my way out in a few weeks. | | | | New Member | |
Apr 26, 2012, 03:29 PM
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Originally Posted by Fr_Chuck They will start eviction procedure, if rent for the next "hold over" is not paid, they can attempt a faster eviction for non payment. ( perhaps) but they can start eviction procedure.
Ok, you did ask what is the worst ?? well they can do a illegal eviction, come in, and throw everything you got out or move it to storage and you come home to the locks changed.
Now that is not legal and you would have rights to sue, but that is the worst thing they could do. ** and it happens a 100 times a day in places.
Also since you have been given advanced notice of repairs to the home, they will start painting and doing renovations to the home while you are still there, painters in the home all day while you are gone to work and so on. | that's pretty bad. thanks for the input. | | | | New Member | |
Apr 26, 2012, 03:33 PM
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Originally Posted by AK lawyer Some do. Some don't address the situation.
But if the painters come to the door, OP can send them away and there's really not much the LL can do about it. If they come in when OP is away, he/she can send them away when he/she gets back. | Interesting. Please tell me what "OP" and "LL" means.
And also, thanks everyone for your responses. | | |  | Expert | |
Apr 26, 2012, 03:39 PM
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Originally Posted by renter in DC I am still within my lease currently, the last day if the lease is a few weeks off. So there is not reason to evict me yet. I suppose they could start that process AFTER the lease ends. ... | Very interesting question. If I was their lawyer, I'd try to be very creative and look for some authority that they can anticipate your holding over so that I could give them a notice to quit now, and get the judgment of eviction the day your lease ends. But I don't know if they can do that, frankly. Quote:
Originally Posted by renter in DC Interesting. Please tell me what "OP" and "LL" means.
And also, thanks everyone for your responses. | OP = "original poster" = you. 
LL = landlord.
Sorry for the shorthand. Gets tedious to type it all out. | | | | New Member | |
Apr 26, 2012, 03:45 PM
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Originally Posted by AK lawyer OP = "original poster" = you.
LL = landlord.
Sorry for the shorthand. Gets tedious to type it all out. | ah. So I may need to bring a "guard" to chase away the painters while I am off at work. Ugh. If only the LL/owners would consider my situation. They are still getting everything they want.
Thanks again. | | | | New Member | |
Apr 26, 2012, 04:02 PM
| | | [quote=AK lawyer;3098301]Very interesting question. If I was their lawyer, I'd try to be very creative and look for some authority that they can anticipate your holding over so that I could give them a notice to quit now, and get the judgment of eviction the day your lease ends. But I don't know if they can do that, frankly.
Wow! That is super mean. And unnecessary. What difference does 2-3 weeks make when I have been a good tenant for two years? Again, I believe the owners to be not nice people and overly self-righteous so I would not put a mean move like that past them. It would be a pleasant surprise if they proved me wrong and were agreeable to an extra 2-3 weeks. | | |  | Computer Expert and Renaissance Man | |
Apr 26, 2012, 04:20 PM
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OK, First, have you read your lease? What does it say about termination? Did you or the landlord give written notice that the lease would not be renewed? Have the landords responded to your request for some extra time? | | |
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