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As I suspected. I didn't think anyone would have anything. Interesting that its quite easy to find that in NY there are roommate rights laws. Apparently not in DC.
Please produce the records of those decisions. I find none. The issue is eviction of a non lease signer with no written agreement between roommates. I believe they remain in the property at the forbearance of the leaseholder and can be evicted at will. In short, I can change the locks and they are gone. They have no right to reenter.
I usually just lurk on these boards on occasion, but I feel compelled to comment.
When a lessee allows a roommate to move in and then accepts a periodic payment, usually monthly, the court will find a month to month oral agreement exist between the lessee and the tenant (mail addressed to roommate, cancelled checks, etc). The court will require the lessee to give his roommate 30 days notice of eviction, to vacate the premises, despite no written agreement.
No DCforever, you cannot just change the locks. And no, I don't have any statutes or cases to cite for you. I'm sure some applicable rules exists somewhere in the DC code but I'm not wasting my time to look it up. Hell, go watch an episode of Judge Judy (I'm joking). Anyway, it is common sense. We live in a civil society. The court is not just going to allow you, when you decide you no longer like or had an argument with your roommate, to put your roommates property outside and lock the door without proper notice when you have been taking rent from the roommate for a period of time. Matt is correct - - the roommate has some rights, however minimum. Changing the locks, you would likely be liable for foreseeable damages suffered, i.e. loss/damage to property put outside, cost of reasonable alternative accommodations, etc.
Funny how DCforever demands cites yet fails to provide a cite for his stance that a roommate can be evicted at will by changing the locks. DCforever, please provide a cite for your conclusion. Didn't think so.
Funny how DCforever demands cites yet fails to provide a cite for his stance that a roommate can be evicted at will by changing the locks. DCforever, please provide a cite for your conclusion. Didn't think so.
Help me out here. If there is no statue or court precedent that provides tenancy rights for a roommate, then no such right currently exists. At least that's the way the law has always worked in other cases. If we look at traditional landlord/tenant issue we find plenty of local law and court precedents.
I do agree that it's likely that a roommate who has paid money for the month has the right to either a refund or to stay to the end of the month, but lacking an actual legal foundation that says otherwise I suspect I can just refund his contribution and throw him out.
I'd imagine, you would be liable to sue your roommate than the landlord, since you're not on the lease. Technically, the landlord will give your roommate a written notice to have you vacate the premise. Because as far as law is concern, you can be a visitor. However, most lease have limitation on how long the guest can stay with you (for this exact sort of situation).
But, I do believe if you had a written agreement with your roommate, and proof that you've paid the bills on time, then there is a case with your roommate in civil court.
As far as the landlord coming in and throwing your stuff out? He can't do that, unless he gets an ok from your roommate, since he is technically on the lease, and he will have to communicate with the landlord.
I can tell you from my experience, most people don't want to take the time or spend the money to hire people to throw your things on the street, or get in some sort of legal battle.
My advice to you would be to document everything. But you should of been smart enough to have some sort of writing, like conversation between you and your roommate on email, or any communication between you and the landlord.
etc.
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