Trying to evict deadbeat subletter with no lease

[WDC123]

I have some friends in a strange situation. They are renting a house in Washington, DC, but have recently left and moved back to NY. It has multiple bedrooms, so they would like to rent it out to a group of people under one lease. However, they have been unable to find tenants to fill the house and are currently cutting their losses by renting to one person. They ended up letting him sublet from them, but there was never any lease signed. Now, unfortunately, this current occupant has turned out to be a deadbeat.

He moved in around mid December. They got a small amount of cash from him at first. But since then he has been avoiding them and lying to them about the additional money he owes them and hasn't paid. While they were in NY he cancelled one of his Western Union rent payments before they could cash it. It took them a while to see his deceptive pattern, but it seems clear that he has no intention on paying his rent. He currently owes about $1500.

Today they showed up at their place in DC and changed the locks. Their plan was to ambush him after work and force him to pay rent before he is able to get back in and get his stuff back. And after collecting rent they want him out. Incidentally the tenant texted them tonight (who knows why). My friends told the tenant their plans to get the back rent out of him. The tenant claims to be out of town at the moment but is very pissed off at my friends now. He has given no acknowledgement that he owes them any rent or that he even plans on paying them any more rent. The tenant just wants to get his stuff and leave.

I am wondering about any legal complications that could occur for them because of locking him out. Is it possible that they need to go through an official eviction? If they took him to court could they be counter sued for unlawful eviction and have to pay damages? The tenant said he might stop by tomorrow, but they don't know what to expect. They are somewhat afraid that he is completely crazy and might be willing to cause them harm. They are considering calling the police when he arrives. Unfortunately, it's now after hours for any free legal services.

Any suggestions for just getting the money out of him and avoiding court?

PS. We know where this guy works and where his parents live nearby. The tenant has a decent job with the Pentagon with a security clearance.

Thanks for any advice.

 

[Gail_in_Georgia]

Your friends may have gotten themselves in a heap of hot water by changing the locks. They are attempting to do both an illegal lockout and an illegal eviction. NEITHER can be done legally without a court order granting an eviction. And so yes, they may very well find themselves in court answering a lawsuit for what they've done.

Your friends have taken on the role of landlord and as such, they need to educate themselves on the steps to legally evict a tenant. In the absence of a lease, a tenant is considered to have a "tenancy at will" or be a month to month renter. In most states, such a tenancy can be terminated with a 30 day written notice (no reason be given for this termination). If the tenant does not comply with this notice, the next step is for the landlord to file for eviction through the local court system.

Once granted, the eviction will proceed under the watchful eye of a member of local law enforcement. It is only then that locks can be changed by the landlord. The landlord can then sue in court for owed rent.

Gail