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Tuesday
Feb182014

What's a DC Landlord with a live writ to do?

It's that time of year, cold days, random snow, and sometimes even rain. It's a rare day that meets the weather requirements for US Marshals to oversee evictions in the District of Columbia. The past couple of years we skipped right from Christmas to spring. This year the never ending winter means if you have a live writ of restitution, you need to know the rules and be prepared to wait. So what do you need to know?
1) Evictions are not conducted in DC if there is a greater than fifty percent chance of rain or, the forecast calls for temperatures below 32 degrees over the next twenty-four hours.
2) Your writ is only good for seventy-five days. After that, you need to file an alias writ. The cost is $18. Don't forget to add that to what the tenant must pay to avoid eviction. File your alias writ promptly to avoid the problems that come with number 3....
2) Your judgment for possession is only good for ninety days. After that you need to renew it. That's a fairly easy process but it does require an additional trip to DC landlord & tenant court. Judges understand that the process has been slowed by the weather but don't sit on your expired judgment for several months and expect a judge to allow you to move forward. At that point the judge might make you start all over, a costly process, so keep on top things. Money judgments are different and aren't being addressed here.
3) Be ready for nice weather. The Marshals often try to clear their backlog quickly if they get some warm weather so stay prepared, know what your tenant owes, and stay in touch with your eviction crew company.
4) Even if your tenant owes a substantial amount, you might get paid and not have to evict because it's tax time. As refunds come in, tenants may have the ability to pay off a large translux amount and become current. Can they stay current? If not you would need file a new nonpayment case, but with warmer weather ahead it may be easier to move forward.
The bottom line: hang in there. If you pay your mortgage with the rent this can be an extreme hardship but unfortunately one the DC City Council has decided you must bear.

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