[kjhow]

Hello,

I have a friend who rented the basement apartment of her house to a person who has not paid rent for 2 years. She does not have a Certificate of Occupancy, but can't the tenant be evicted as a squatter, without a C. of O.

[RickJ]

Here's how to get to DC Landlord Tenant Law:

DISTRICT OF COLUMBIA: Official Code (Use the links to open Division VII Property > Title 42 Real Property > Subtitle VII Rental Housing > Chapter 32 Landlord Tenant)

There you'll find the details of how to evict. In my State the court costs are $110 and that involves 2-3 Trips to the courthouse. An attorney will do it for $150 in fees.

... so definitely worth calling an attorney or two to find out what they'd charge to get the eviction done.

[excon]

Hello kj:

Nooooooope. There is a legal concept called "clean hands". A party who doesn't have "clean hands" (one who doesn't bother to obtain the required license) will not find relief in the courts. Besides, this person isn't a tenant by any stretch of the imagination. No landlord would EVER let a tenant go two years without paying rent. There is something else going on here.

Without a certificate, the landlord/tenant relationship cannot legally be formed. He or she is just a guest. The cops, however, might throw him/her out if your friend can convince them he's a trespasser. But after two years, that story isn't going to wash with the cops.

I think your friend, who tried to cut corners, got her corner nipped.

excon

PS> That said, her “tenant” might not be aware of his or her right NOT to be evicted, and might vacate upon receipt of a “three day notice” to quit or pay rent. It's certainly worth a try.