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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101087
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have question about tenant who has no lease and we agreed

Customer Question

i have question about tenant who has no lease and we agreed to a temporary term in words for 3 months---3 months is up--I want him to leave my home--he will not....I want to simply put his things in safe pod outsie my garage door and change my locks.....
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me what state this is in?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Customer: replied 1 year ago.
I am willing to take the chances of him trying to sue me later.......also---isn't occupancy half the battle???---and if he is out of my guesthouse---I change locks-----it would then be up to him to try to sue me???
Expert:  Ely replied 1 year ago.
Thank you.
No, one cannot simply empty out his apartment and lock him out. Self-help evictions are not allowed in Washington, DC. He must be evicted now that the lease is over but they are overstaying - see here. The Superior Court for the District of Columbia is used for evictions.
Normally, most tenants leave once they receive notice of the eviction process. If they do not, then after an eviction judgment is rendered, if the tenant is still on the property, one can get a WRIT and have the U.S. Marshals relocate them by force. See here.
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Customer: replied 1 year ago.
we have no lease!! what would happen if I changed locks and placed his things in a pod container??
Customer: replied 1 year ago.
self evivictions are not allowed---but he has no lease-----what happens if I do this?
Expert:  Ely replied 1 year ago.
That does not matter. Even without a lease, he is still a tenant and must be evicted. Leases do not have to be written - they can be verbal as well.
If you lock him out and put his things out without formal eviction, then he can (theoretically) sue for wrongful eviction.
Whether or not he will - this is his choice. However, it is always best to do things by the book to minimize liability.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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