Q Last month, I bought a house on Capitol Hill and an old boyfriend of mine moved in as a roommate. He signed a lease that stipulated that the first two months were a trial and thereafter his tenancy would be on a month-to-month basis. He did not pay any moving-in costs, security deposit, etc. He doesn't have the money, so how can I draw blood from a stone?
He is a major slob, comes in the house and just deposits his things on the floor, anywhere he chooses.
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My things came from storage and I have put everything away. He has not put anything away. He never washes his dishes, or puts food or anything else away. We discussed these things before he moved in because I told him I would not stand for it. He assured me he had changed and that his habits would not be a problem.
I would like to have him leave, but want to make sure it is within my legal rights to do so. How can I be sure to evict him legally? He has threatened to "torch" my house if I kick him out. Short of notifying the police and perhaps the fire department, how else can I protect myself? -- Washington
AOkay, first things first. Common sense could have prevented this whole frustrating situation. Renting your home out to someone with whom you clearly have previous issues -- an ex-boyfriend, no less -- was not the best idea.
The good news is that your lease did in fact stipulate that your roommate/tenant's first two months were on a trial basis, so you can kick him out when this period is up. Give him a month's notice (in writing) that you will terminate his lease on the grounds that he failed to meet your expectations.
If for some reason he does not leave the property by the date that your lease termination becomes effective, then you will have to begin to evict him. Be prepared for a lengthy process. Depending on how you proceed, it could take 90 days or more, says Eric Rome, a Washington landlord-tenant lawyer.
"It's really complicated," Rome said. "Unless you have your house licensed as a rooming house and are paying transient occupancy tax, you will have to serve a notice, go to landlord/tenant court and you have to have cause," he said.
"Unfortunately the law does not adequately address these roommate situations. If you live in the same house as somebody, the law doesn't treat them any differently than any other tenant," Rome said.
Rome says there are two paths you could pursue. In both cases, you will have to begin by registering your address with the Department of Consumer and Regulatory Affairs (www.dcra.dc.gov; 202-442-4400) so that you are not subject to rent control laws.
Then you can either file a 30-day "notice to cure or quit" with DCRA, which will give your roommate time to clean up his act, or you can give your boarder a 90-day notice that states that you are no longer going to rent your house out to anybody. In the first scenario, if your roommate changes his behavior, then you will have to let him stay.
If, after your notices, your roommate neither leaves nor changes his ways, then you can sue him in the city's landlord-tenant court (www.dccourts.gov; 202-879-4879). You may want to consult a landlord lawyer to help you navigate the process.
When you terminate your roommate's lease, make sure he knows that you intend to take legal measures if he does not leave on time. Try to leave personal problems and any non-roommate-related matters out of the tenancy discussions or written documents. You must pursue his termination of tenancy only on the basis that he was a bad roommate -- not, for instance, that he was a selfish leech of a boyfriend.
Perhaps one of the bigger mistakes here is that you did not treat your ex-boyfriend as you would any other roommate. By waiving a security deposit and move-in costs, you set the stage for him to take advantage of your kindness, lingering feelings or whatever else is causing you to make concessions for him. He likely continued his slovenly behavior because he thought you would just deal with it.
So, now that you have decided not to deal with it any longer, you can get rid of him. Be prepared for even more tension in your household, though. If you think there is any truth in his threats to burn down your house or cause you or your property any harm, then you should report him to the local authorities. You could also invite friends or relatives to stay with you and help keep watch on your place during your roommate's last month of tenancy, just for the sake of having someone around should anything go awry.
In the future, share your space only with people you believe will meet your standards. Before anyone moves in, sign a roommate agreement that spells out each tenant's expectations in terms of paying rent, phone and utility bills. It should also state how you will divide household chores. Because you are both a landlord and a roommate, you should place a high priority on finding a new renter who not only will pay the bills but also will cohabit well with you. It is probably a fair assumption that you and your ex-boyfriend were never destined to be good at living together.
I moved into my studio in September, signing a one-year lease. My company recently downsized, however, and I ended up getting a pink slip, meaning that I can no longer afford the $950-a-month rent. I desperately want to break my lease so I don't end up ruining my credit. Upon asking my landlord, however, I was informed that to do so, I have to pay a fee of two months' rent and my security deposit (about $2,300). Is it at all negotiable? Will breaking the lease (even if I pay the fee) ruin my credit? I'm not allowed to sublet for the remainder of the lease or anything like that. What are my options? -- Washington
Breaking your lease will not necessarily ruin your credit, as long as you do not owe your management company money after you leave. The only way this would scar your credit is if your management company reported your outstanding debt to a credit agency. Paying the fee associated with breaking your lease frees you from any further obligation with the company.
Because you probably do not want to walk away owing thousands of dollars, especially given your current job situation, you can try to negotiate with your management company. Often, if you find a renter to take your place -- not a sub-lessee, but a new tenant -- your landlord will rescind the lease-breaking fees and perhaps give you back your security deposit. A management company's main goal is to reduce the financial loss associated with your early departure.
That does not mean a landlord will necessarily revoke the penalties stated in the lease. However, you will improve your chances if you offer to do your part in helping the landlord keep the unit occupied. And if you end up in court in the future because you moved out without paying the penalty, you would gain favor with the judge if you could prove that you offered to help find a suitable replacement tenant.
Remember, though, that a lease is a legally binding document, so following its stipulations (as long as they're legal, too) is the only way you can ensure a smooth termination -- no threat of blotted credit history or future landlord suit.
Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail at gebhardts@washpost.com or by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071.
