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I have question about tenant who has no lease and we agreed…

Customer Question
i have question about tenant...
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: 3 years ago.Category: Landlord-Tenant
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5/20/2015
Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,583
Experience: Attorney
Verified
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.
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Customer reply replied 3 years ago
Washington,DC
Customer reply replied 3 years 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???
Lawyer: Ely, Counselor at Law replied 3 years 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.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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Customer reply replied 3 years ago
we have no lease!! what would happen if I changed locks and placed his things in a pod container??
Customer reply replied 3 years ago
self evivictions are not allowed---but he has no lease-----what happens if I do this?
Lawyer: Ely, Counselor at Law replied 3 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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