Landlord Tenant Rights

A woman in Washington DC listed her home on Airbnb for a short-term stay. The guest won’t leave. The owner turned off the utilities to try to get her out. DC Courts told her she has to turn them back ON and continue paying the bills for a stranger living in her house. 

How does an overnight guest have more rights to your home than you do? 

I’m going to explain exactly how this happens, why DC’s tenant laws are unlike anywhere else in the country, and why if you own property in DC, you need to understand this before it’s too late.

I’m Melissa Terzis, DC Real Estate Mama. I’ve been selling real estate in DC, Maryland, and Virginia since 2001, and I’ve seen this story play out over and over again.

Let me give you more details on what just happened in DC.

A homeowner received a booking for what she thought was a short-term Airbnb rental. A few weeks, in and out, easy money. Except the guest didn’t leave. The homeowner did what most logical people would do – she turned off the utilities. “If you won’t pay rent and you won’t leave, at least I’m not paying your electric bill.”

But DC Courts said NO. You have to turn the utilities back on. You have to continue providing services to someone who is not paying you, who has no lease, and who you want OUT of your house.

How Someone Becomes a “Tenant” in DC (The 30-Day Trap)

The District has a very loose, ridiculous definition of “tenant.” They finally clarified this with a recent change to the Tenant Act. A Tenant is now defined as “any person or persons who, under the terms of a current or expired written lease or other rental agreement, are entitled to occupy the housing accommodation and are liable to the owner for the payment of rent.” 

If you didn’t catch the “or other rental agreement,” that’s the trap.

There are people out there who know the laws better than you do. We call them “Professional Tenants.”

Here’s how professional tenants game the system at your expense.

1) Book an Airbnb stay for a month.

2) Pay the first month to get keys.

3) Never pay the 2nd month.

4) You ask them to leave and they laugh.

5) Everyone goes to court – and the courts will probably side with the tenant.

Why? Because under DC law, this Airbnb guest is now a “tenant” with full legal protections.

And here’s where it gets worse…

Why You Can’t Just Remove Them (Self-Help Eviction)

I know what you’re thinking. “It’s my house. I’ll just go change the locks while they are at Starbucks.”

DO NOT DO THIS. This is called a “Self-Help Eviction,” and in DC, it is illegal. If you cut the power, change the locks, or remove their belongings, you become the criminal. Not them. You.

The person who stopped paying you, the person who is essentially squatting in your house – they have more legal protection than you do. 

So what are your options? You have to go to court. And in DC, that’s going to take a minimum of 12 months. I’ve known cases to drag on for FIVE YEARS.

The DC Horror Stories: A Friend Came Used My Bathroom, Does She Own My House Now? 

It’s not that bad, but it’s darn close. Let me give you some real examples. 

**Story #1: The Five-Year Squatter** A woman rented a home near one of my listings. She moved out but left her adult son there. He wasn’t on the lease. He never paid rent. He never showed up to court. 

You’d think not showing up to court would get him evicted immediately. Nope. DC Courts kept issuing new court dates and sending him new notices to appear. He didn’t. This went on for FIVE YEARS while he destroyed the house and terrorized the neighborhood. 

**Story #2: The Mercedes Squatter** A client bought a pool of mortgages that included one DC property. Someone was living there but we didn’t know who. He got an eviction order. We showed up on eviction day. 

There was a Mercedes in the driveway. The eviction was almost called off because you can’t evict and block access to personal property – which is why you see everything put out on the sidewalk for evictions. The Mercedes had to be towed first. The neighbors came outside screaming that we were evicting “a nice family.” 

The “nice family” were squatters who had befriended an elderly hospice patient whose house it was and promised to make his mortgage payments directly to the bank. Surprise – the squatters never paid. And the elderly owner lost his home. 

**Story #3: The Current Airbnb Case** Which brings us back to the woman who has to pay utilities for her own house while someone else lives there for free. This is happening RIGHT NOW.

The License Trap (BBL & RAD)

Now, you might be thinking, “Okay, I’ll just be a good landlord. I’ll get everything legal and follow the rules.” 

Here’s the problem: The rules are designed to fail you. To legally rent in DC, you need: 

1) A Basic Business License (BBL) 

2) Registration with the Rental Accommodations Division (RAD) 

3) A property inspection 

Who does the inspection? A “member of the public” who got a few minutes of training. These inspectors are paid per inspection, so they’re incentivized to FAIL you. There’s zero consistency. 

And if you don’t have that license when your tenant stops paying? You CANNOT evict them. The judge will throw out your case. Even worse? The tenant can sue you for ALL THE RENT they paid you while you were unlicensed. You read that correctly. They can stop paying, refuse to leave, AND sue you for the money they already paid.

TOPA – The Exit Trap

Let’s say you survive all of this and you just want to sell and get out. 

Meet TOPA: Tenant Opportunity to Purchase Act. 

In DC, if you want to sell YOUR house, you have to give your tenant the right to buy it first. Or they can assign their rights to a third party and hold your sale hostage for a payout. 

Single-family homes got mostly exempted in 2018, but there are exceptions for elderly and disabled tenants. And even with the exemption, you still have to file the correct paperwork. Screw it up? Your sale is dead. 

If you own a multi-unit building or a basement rental? You’re in for a months-long nightmare.

The Comparison (Virginia & Maryland)

Let me show you what it’s like across the river in Virginia.

Virginia is a landlord-friendly state. If your tenant doesn’t pay:

• You give a 5-day notice
• Eviction is fast and efficient  
• No rent control
• You can actually protect your investment

In Virginia, the law assumes if you OWN the property, you should be able to decide what to do with it. Radical concept, I know.

Maryland is somewhere in the middle. Montgomery County is leaning more toward DC’s tenant protections, but it’s nowhere near as bad. It’s not as “Wild West” as Virginia, but it’s not quite the bureaucratic disaster of DC.

However, Montgomery County is leaning hard into tenant protections. They have rent stabilization guidelines and strict “Just Cause” eviction rules. So, if you’re in Bethesda or Silver Spring, do not assume it’s easy. You need to read the county code, not just the state law.

You also do have to give proper notices to your tenants when you plan to sell and give them the opportunity to purchase. 

The Math (Should You Sell?)

So here’s the real question: Should you keep that DC condo and rent it out? This one pains me because I fully believe in owning multiple properties as a way to build wealth.

You have a 3% interest rate. It FEELS wrong to let that go. You’re making $200-300 a month in cash flow. That’s “passive income,” right? 

But ask yourself – Can you afford to pay two mortgages for a year with zero rental income? Can you afford a $20,000 special assessment? Can you afford to lose $3000 a month in rental income while still paying a mortgage of $2000 a month? Can you handle a TOPA negotiation when you try to sell? Are you prepared to potentially sue your own tenant just to get them out? 

And here’s what most people don’t think about: DC condo appreciation is SLOW. You’re not getting rich on equity. The market isn’t exploding like it was 10 years ago. Meanwhile, the laws don’t give one tiny crap about your rights as a property owner.

Look, if you’re an “accidental landlord” because you don’t want to deal with selling – just deal with selling.

If you want to keep it as an investment, hire a professional property management company. Do NOT try to self-manage in DC unless you have a law degree and unlimited time.

But if you want to cash out, simplify your life, and move that equity into something that doesn’t come with a legal nightmare? Call me.

I’ll run the numbers, tell you the truth about what it’s worth, and get it sold so you never have to Google “DC eviction lawyer” at 2 AM.

Because right now, in DC, being a landlord isn’t passive income. It’s a part-time job where you pay someone else to live in your house while the courts protect them and punish you.

Don’t let an Airbnb guest end up with more rights to your house than you have.