Sublease forced move-out / need advise and tips / Thanks for help!!

[doriangray]

Hi there, do you mind giving me a bit of quick advice?

I was looking for a 6 week sublet in DC. I replied to Craigslist and checked out a place. Everything seemed fine.

I never specifically signed a lease, though I have emails detailing the arrangement we agreed on, very roughly. A text message finalized the price and duration - and I paid with PayPal so I have a receipt.

The person who sublet is not the landlord.

Anyway 2 weeks into this sublet, the other two renters and I are having issues. I decided it best to just move out - they urged the same - however I want to know my rights in this situation..

1. can they change the locks?
2. can they have me arrested for being in the apartment?
3. can they place my stuff on the street?
4. if they ask me to leave, do I have a certain timeframe allowed to do so?
5. what else can thjey do?


I want a smooth transition but need a week to solve the issue of finding a new place to stay. Knowing legalities and my rights will help me confidently and maturely deal with the issue.

 

[fredrikklaw]

B not angry, dori!

DORIANGRY:

The answers to your questions are:

1- No; not in a million years, and they had better not if they know what is (legally) good for them!
2- No; this is a civil matter and unless some crime is committed, the police have no say in your lease dispute with the room-mates!
3- (Same as in 1.) No; not in a million years, and they had better not if they know what is (legally) good for them!
4- Yes, very much so and their mere asking you to leave is not sufficient force to move you unless you want to be purely considerate, AND, all proper procedures for notice and such has to be followed or it will be 1- and 2- again!
5- Be polite, civil, know their own limitations and be up on the laws governing landlord-tenant relationships.

O.K., with the questions out of the way, let's talk about the overall picture so you know exactly what is what and who can do what and all that good staff.

Please keep one thing in mind before anything else in this scenario as it is THE MOST IMPORTANT point of the whole affair, which is there is no provisions allowing anyone to practice self-help in the UNITED STATES in matters concerning landlord-tenant issues. Nobody can touch you or your stuff, or be stupid enough to lock you out and place your effects on the side walk. And only your stuff per a court order.

That said, in the first place, whether you are a sublease or a primary tenant, the landlord-tenant laws remain the same in this matter and as such only the person you agreed the deal with can be and act as landlord and you do not have to answer to all others who you should feel very confident in telling to nose out unless they are willing to be the party against whom a suit can be commenced and that they will accept service of process.

Moving on, you do not have to and are under no obligation, legally or otherwise, to move out within a week and don't jump the gun here; the law requires a periodical tenant (month-to-month) be provided with a 30 day notice if tenancy has been for under a year and 60 days if tenancy has endured a year or longer.

Therefore, if you happen to find a place and move within those periods or sooner, well then, so much the better, but if you have not found the place to move into by the expiration of the times stated above, don't think the cops will come and put you on the side walk. No. You will simply inform the other tenants of the situation and keep them reasonably abreast of your efforts to effectuate the move out and that you will have to stay till that happens, and then swiftly pay the rent that is due.

One other important matter that you have to make sure of is that the main landlord, A.K.A. the property owner, is not going to come after you for unpaid rent and for breaking a lease that you had no idea your were under. By that I mean, make sure the other tenants have not been absconding the rent you have paid them and will also not be telling the landlord a shaggy dog story. So, do make contact with the landlord, or in the least, let there be a writing of some sort evidencing your having met to date all your rental obligations.

I can very much appreciate and do respect the fact that you are being very civil about the move-out and have intentions that things remain that way, but, do not hesitate to slap them down (figuratively) if they come on strong and be prepared for some hurly-burly if it should come to that. Just in case! I can never remember the President who coined this wonderful phrase, but it says that is better to walk soft and carry a very big stick.

So, go about your house-hunting in peace and do not worry about goons visiting you in the middle of the night, threatening you with sleeping with the fishes.

Best wishes.

fredrikklaw

 

[doriangray]

Thank you so much for this help! Means a lot!!!