Friday, March 2, 2012

Landlord's Eviction Attempt May Be an End Run Around the Law

Q My landlord is a friend of a friend and has been wonderful fortwo years. We never had a lease, but we've gotten along famously. Weeven exchanged Christmas gifts. But now his mother and new wife -- he already lived upstairs -- have moved in. Since then, he hastaken away my garden privileges and started acting strangely.

They have also started making a lot of noise and have cut off ourcable and Internet service, which were always included in the rent.My landlord then served me with an eviction notice, saying I haven'tpaid rent since December! However, the amount of back rent he quoteddoesn't add up. We live paycheck to paycheck. What should I do? -- Washington

ARenting without a written lease is never a good idea. A leaseprovides a rubric to help you understand your rights and duties as atenant, and it protects you from illegal actions by your landlord.

Because you don't have a lease, however, check out your localhousing office's resources.

Karyn-Siobhan Robinson, a spokeswoman for the District'sDepartment of Consumer and Regulatory Affairs, suggests that youinvestigate whether your landlord properly registered his unit withthe D.C. government. Landlords in the District are required toobtain a basic business license and certificate of occupancy. Somelandlords might skip this process, Robinson said, because of theextra work involved, including a safety check.

Your landlord should have had D.C. Superior Court serve you withan eviction notice. If your notice was not from Superior Court,write a letter to your landlord disputing the allegation, Robinsonsays. Gather proof of all your rental payments, which ideally weremade by check or direct deposit.

Also, consult the DCRA's Office of the Tenant Advocate, whichhelps tenants in complicated, contentious or confusing situations."This is not something a tenant should be doing on her own. That'swhy the Office of Tenant Advocate was created," Robinson said. "Youmay find out the landlord was doing everything right, but if not,the office is there to help further."

The office was established almost two years ago to help educaterenters on their legal rights, help them navigate mediation andadjudication services, and provide free legal help to those in need.Learn more by calling 202-442-4400 or visiting www.dcra.dc.gov.

Find out your rights before giving in to what seems like anunfair, sudden change in your living situation.

I live in a basement apartment, and I can hear every noise madeby my landlords (who live upstairs) and their two daughters, who areboth under age 3. They walk or run on the floor upstairs; also, thechildren constantly cry from the minute they get home until they goto bed.

I have gotten somewhat used to it in the year I have lived here,but it's unpleasant. Apartment buildings often have a rule that acertain percentage of the floor has to be covered by a carpet so asnot to disturb people below. What are my rights to remedy this? Dothey have to cover their floors? I think this takes away from the"quiet enjoyment" of my apartment.

-- Washington.

Rules that landlords of apartment buildings make regardingcarpeting are not legal requirements, which means your landlordshave no obligation to cover their floors. And unless the family isloud enough to disturb the general peace (which includes otherneighbors), walking and crying noises are unlikely to violate yourright to quiet enjoyment.

However, this does not mean you are out of luck. Talk to yourlandlords and ask whether they would be willing to put down carpetor help you otherwise soundproof your living space. Judging from thescene you have painted, they are unlikely to disagree that there isa lot of noise. Make sure they understand that you do not feelrelaxed or properly cared for as a tenant. If they want to keep you,they will do what they can to help.

Alternative means of dampening the sound include using big piecesof furniture, high-powered ear plugs or a white-noise machine. Oryou can move.

I just moved to a new building and realized that the laundry roomis open only from 8 a.m. to 4 p.m. Is this a normal practice inapartment buildings? It seems difficult to do laundry if I workduring those hours. So do a lot of other people, so weekends seem tobring out the masses to fight over the machines. -- Burlington,Vt.

Landlords have the authority to set laundry-room access times andprocedures, but they usually they give their tenants more hours toaccess laundry facilities.

Ask your landlord about the policy. It's possible that there issomething you don't know -- crime or chaos in the laundry room maybe what led to the limits.

Of course, maybe there is a way to access the facilities after 4p.m. but no one has told you.

If there's not, suggest that management reconsider the hours orcontrol the access in another way so that residents can use itanytime. You can also ask your neighbors for tips on how they cope.If that doesn't work, consider visiting a local laundry at a timethat better suits your schedule.

Do you have questions, comments or ideas about apartment life?Contact Sara Gebhardt via e-mail at aptlife@gmail.com or by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW,Washington, D.C. 20071.

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