Emilie Fairbanks, Esq.

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Should I Sue for Nonpayment of Rent? 

DC landlords often contact me when they have a tenant who isn't paying rent. Sometimes the tenant hasn't paid rent in months or even years. Sometimes the tenant is making occasional partial payments. Often a landlord has heard rumors or read news stories about how hard it is to evict someone in DC. They don't want to spend more money and time on a process they could lose. Let's clear up some misconceptions by addressing some of my most frequently asked questions. 

1) Will a nonpayment case take forever? Is it even worth it? 

Nonpayment cases in DC take time. There is no getting around that. Some of them take a long time. DC Courts are sometimes inefficient and aren't running on the kind of budgets they need to serve our city. BUT let's look at the alternatives. If you don't sue for nonpayment the tenant continues not to pay you. It's just human nature. If you went to work and weren't paid and didn't bring it up week after week, year after year your employer might not notice or it might just fall to the bottom of the list. After all, if your money doesn't matter to you who else will care? There are steps you can take to minimize your risk in a nonpayment case, such as inspecting the property before you file and making sure everything is in working order, having a proper rental licence for the property, and maintaining or cleaning up your records of what is due. 

2) But I don't have a rental licence. Should I avoid filing? 

If you don't have a licence you still have the right to sue for nonpayment of rent. Talk to a lawyer who can help you decide the best course of action to get the licence or just file the suit. 

3) I don't have a lease with the tenant. 

That's ok. If you have established the amount of rent through emails or texts or the tenant paid the rent for a period of time and then stopped you will have the ability to prove the rent amount due. You don't have a basis for late fees. The important issue here is did this person EVER pay you? If not they might not be a tenant and you may have easier ways to evict them. Talk to an attorney about your options.  

4) I don't have the time to go to court/I live far away from DC. 

An attorney can go to landlord & tenant court for you on nine out of ten hearings. A property manager can handle rent collection for you going forward if that isn't what you want to do. Don't let a bad tenant take advantage of you because you are living far away. 

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