Getting an unwanted occupant to leave your home can be a difficult process, but the law provides several options to remove someone through the court system.
In this article, we will explore the legal steps you can take to evict a guest, roommate, family member, or other unwanted person from your property.
How do I determine if the person is a tenant or guest?
It is important to first establish whether the person you want to leave is a tenant or a guest. A tenant has certain legal rights as they have paid rent or agreed to pay rent. Guests do not have the same protections.
To determine if someone is a tenant, consider if they have paid money in the form of rent, done work or services in exchange for housing, or agreed either verbally or in writing to such an arrangement. If they have not paid or agreed to pay anything of value for housing, they are likely a guest. However, even a verbal agreement to pay rent in the future could make them a tenant.
What are the legal steps to evict a guest?
If the person is determined to be a guest and not a tenant, you can file an eviction case against them in Landlord and Tenant court. You would file a complaint and summons form, paying a $15 filing fee which can be waived if it causes financial hardship. The guest must then be properly served court papers and given the court date, which is usually about 3 weeks later.
If they do not show up to court, you can typically get a default judgment for possession.
Related: How To Legally Ban Someone From Your Property
What if the unwanted person claims to be a tenant?
If the person claims they are a tenant, consider any written or verbal agreements to pay rent. A court will examine the actual living situation and interactions between you both.
Even without a formal lease, paying money or services regularly could establish a tenant right. In this situation, you must follow the legal eviction process for tenants, including serving proper written 30-day notice before filing an eviction case.
What is the eviction process after getting a judgment?
Once awarded a judgment for possession, you must wait two business days before filing a writ of restitution with the court. This authorizes the U.S. Marshals to schedule the lockout, which cannot occur until the fourth business day after the writ is filed. The writ is active for 75 days, after which a new one may be needed. Be prepared to hire an eviction crew and change locks, as the marshals only facilitate the eviction and will not remove property.
What options exist for an expedited removal?
If the unwanted person is abusive, threatening violence, or the situation seems unsafe, other legal options beyond the normal eviction process exist. You may be able to obtain either a temporary or year-long civil protection order against them through the court. Protection orders can mandate the person leave your home immediately, providing faster relief than the standard eviction route.
How should unpaid rent or damage claims be addressed?
If pursuing eviction due to nonpayment of rent or lease violations like property damage, keep records of amounts owed and photos of any damage. You can sue the tenant in small claims court post-eviction to recover these costs. The lawsuit needs to be filed within three years and provides a means to potentially recoup financial losses from a problematic tenancy termination.
What actions should be avoided?
It is illegal and can result in penalties or an order for the person to return to your home if you take the law into your own hands to evict someone. Self-help evictions like changing locks or removing possessions while they are gone are prohibited. Going through the legal process, either the standard tenant eviction procedures or faster protection order options, ensures the removal is done properly under the law.
Conclusion
Removing an unwanted occupant from your home through the official legal channels can feel like a lengthy process but is necessary to avoid potential consequences. By determining if a person's rights as a tenant exist, filing the correct initial court paperwork, understanding important deadlines after a judgment, and not taking matters into your own hands, a property owner can successfully utilize the eviction process under DC law to regain sole possession and control of their residence.
