Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

Issue: A separated husband and wife live together in

Customer Question
government housing. The husband is...
Issue: A separated husband and wife live together in government housing. The husband is disabled and is being physically abused by his separated wife. The husband wants the wife evicted. Questions: (1) Is there any recourse under VAWA for this? (2) If
not, how can the separated husband have his wife evicted? The jurisdiction is the District of Columba. Under California law, I'm familiar with the concept of residence exclusion (“kick-out” or “move-out”) orders. These are orders telling the restrained person
to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases. (3) Does D.C. have
a similar type of remedy?
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 8 minutes by:
9/3/2015
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,924
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, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

Is the husband refusing to file a restraining order or a criminal complaint on his wife? Why? Or, does he think it would do no good since they live under the same roof?

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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
The husband is not refusing to file such an order or complaint. Please confine the answer to civil remedies -- not criminal.
Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you.

A civil restraining order is not a criminal complaint, but a civil matter. He can file for such a request - see HERE.

Once he does this, and assuming that the Court approves his request, then this works two ways:

1) He can get out of the lease early without penalty under D.C. Code Ann. §§ 42-3505.07 et seq if he wanted to, as domestic violence is reason enough to break lease in DC without being held to the lease. For this, proof of domestic violence such as the restraining order is required; OR

2) The restraining order will ask her to leave regardless of her tenancy under the lease. In addition, the landlord may evict the abuser in such a case if they wanted to do so if she refuses to leave (which she cannot, as the restraining order would disallow her to be under the same roof anyhow).

So he does have options here, and they rest on the restraining order which is again, a civil remedy.

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 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Where does the law say that a protection order can require the spouse to leave the apartment? Can you point me to a case or statute?
Lawyer: Ely, Counselor at Law replied 2 years ago

In DC, a civil protection order applies civil order that protects you from abuse by a current or former intimate partner, relative, housemate, someone you have a child in common with, or someone who is/was in a relationship with someone who you are/were in a relationship with. See HERE. So yes, it applies to spouses as well.

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
I am aware of that. I want to know where the law says the a CPO or TPO can force a housemate or spouse out of an apartment.
Lawyer: Ely, Counselor at Law replied 2 years ago

You are not going to find anything more specific. The laws do not always touch on every nuanced scenario. However, I can tell you that the Courts view these terms to include spouses and housemates and often order them out.

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
I can, and I found it.In D.C., it's called a "vacate order." It's codified here: 16–1005(c)(4)(B). http://dccode.org/simple/sections/16-1005.html
Lawyer: Ely, Counselor at Law replied 2 years ago

Hmm... you do realize that what you had linked me to is the same thing that I provided in the original link, except that I sent you to an explanation page about the protection order, and you are sending me to the actual code behind it?

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
the original link took me to the D.C. courts website. the link I provided you takes you to the D.C. code, which specifically addresses the scenario I'm interested in. I will give you credit though for pushing me in the right direction.
Lawyer: Ely, Counselor at Law replied 2 years ago

Well, I am sorry for not being too specific. Many individuals would rather see the step by step instructions than the dry code. My apologies for assuming that you wanted more of a guide than the statutory code. At least you have the information you needed - I am glad. Please let me know if you need anything else. Thanks!

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Can you think of any way this would be different for public housing or voucher housing in D.C.?
Lawyer: Ely, Counselor at Law replied 2 years ago

No. Being in public housing, federal voucher, Section 8, or other programs does not modify the rights as outlined above.

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Do you think public housing or Section 8 housing has any obligation to bifurcate a lease when there is an issue of domestic violence?
Customer reply replied 2 years ago
One more stupid question: can the husband file an eviction case against the wife? (I'm assuming absolutely not -- unless when want to turn housing law on its head.)
Lawyer: Ely, Counselor at Law replied 2 years ago

No, one tenant cannot evict the other.

HUD may split housing assistance to terminate assistance to a tenant or lawful occupant who engages in criminal acts of physical violence against family members or others. If HUD splits the assistance, the victim of the violence who is also a tenant or lawful occupant and other lawful occupants would continue to receive assistance and HUD may not otherwise punish them. The bifurcation is at their discretion.

The landlord also has a choice to evict the tenant causing harm and engages in physical violence against family members or others. This is at the landlord's discretion as well.

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
May HUD bifurcate a lease?
Lawyer: Ely, Counselor at Law replied 2 years ago

Per my prior answer:

HUD may split housing assistance to terminate assistance to a tenant or lawful occupant who engages in criminal acts of physical violence against family members or others. If HUD splits the assistance, the victim of the violence who is also a tenant or lawful occupant and other lawful occupants would continue to receive assistance and HUD may not otherwise punish them. The bifurcation is at their discretion.

So yes, they can.

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Check out these D.C.M.R. regs: 5317.6 & 5716.(c): http://www.dcregs.dc.gov/Gateway/FinalAdoptionHome.aspx?RuleVersionID=3997387Reg 5317.6 provides: "If a Family receiving assistance breaks up into two (2) otherwise eligible families as a result of divorce, separation, or intrafamily offenses, then DCHA shall use the following procedures to determine which Family shall continue to be assisted:" Reg. 5317.6(c) addresses domestic violence. It seems to me that these regs only terminate assistance to the abuser if there has been a "break up" in the Family. In other words, DCHA is not splitting assistance prior to the break up.Thoughts?
Customer reply replied 2 years ago
I promise these questions will end soon.
Lawyer: Ely, Counselor at Law replied 2 years ago

A restraining order is presumed follow/occur at the same time as a break up.

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Let me be more clear -- would it be fair to say that these regs do not address bifurcating the lease or removing one tenant from the residence because of physical abuse?
Lawyer: Ely, Counselor at Law replied 2 years ago

No. False. "Intrafamily offenses" include physical/emotional abuse. The term "intrafamily offenses" is meant to be generic so as to give as a wide interpretation to the Court as the Court feels is necessary.

Gentle Reminder: Please, use 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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
you believe that these reg address removing one tenant from the residence because of physical abuse? Does reg 5317.6 not mean that DHCA will determine which family "shall continue to be assisted" *after* the break up? In other words, the statute doesn't authorize DHCA to break up the residence.
Customer reply replied 2 years ago
Moreover, the reg says, "If a Family receiving assistance 'breaks up' into two (2) otherwise eligible families..." It doesn't say, "If a Family receiving assistance 'is broken up by DHCA' into two (2) otherwise eligible families...."
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,924
102,924 Satisfied Customers
Experience: Attorney

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

102,924 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Im. I am a renter and the apt has horrible mold, the kitchen
I am a renter and the apt has horrible mold, the kitchen ceiling fell in and it took them a month to fix it. Do I have to pay full rent in those conditions? Can I break my lease since this is the 4th time the ceilings have fallen in? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
My son paid a pet deposit and pays a monthly pet fee for one
My son paid a pet deposit and pays a monthly pet fee for one small dog. The apartment manager said she Will not renew his lease unless he fixes some small damage to the the carpet and has the carpet c… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
How can the fire inspector kick me out of my house? The
Okay, so how can the fire inspector kick me out of my house? The police are no help, it got to the point that I called the mayor and he was very interested in what was going on. As I have had tenants … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
90% of my tenants owe me back rent, plus I have a lot of
Okay, 90% of my tenants owe me back rent, plus I have a lot of judgments on ones that didn't pay and moved out after being evicted for non payment it is an astonishing amount of money, the utilities a… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
Is it legal that my landlord find someone to paint my
Is it legal that my landlord find someone to paint my apartment. Which is smells really bad… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Can a residential tenant breach or abandon a lease agreement
Can a residential tenant breach or abandon a lease agreement where the landlord fails to provide adequate lighting or adequate safety measures after reports of violence and sexual assault?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Sorry my iPad did died* Do you want me to repeat the
Sorry my iPad did died* Do you want me to repeat the sitution … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am renting a house, and over the last 1-2 months because
i am renting a house, and over the last 1-2 months because of the cold the heater in the house wont heat the house appropriately … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
The electricity has been cut off at the house i am renting
the electricity has been cut off at the house i am renting since the day i moved in, when i called the power company they told me hat my landlord had to be the one to have it cut on and his past bill … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Can I sue my stepdaughter for unpaid rent? I didn't think
Can I sue my stepdaughter for unpaid rent? I didn't think so. she is not paying rent but purchased a car that is equal to mine and her mothers combined. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My 19 yr old daughter signed a lease for a year in July 2017
My 19 yr old daughter signed a lease for a year in July 2017 and lives with 2 other roommates in a joint lease. After living with them, she found out one is a drug dealer and they smoke pot all the ti… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I was hospitalized for a month in 2012 my parents cleared
I was hospitalized for a month in 2012 my parents cleared out my apartment and explained the situation to complex who accelerated my lease, filed for eviction and received a judgment against me all be… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,698 satisfied customers
My daughters rented a house with 2 other girls. Tx. The
The oldest graduated and her sister was not going to stay if her sister left, the landlord was told when the graduation came they were going to move out early. The landlord also was in the girls rooms as they got home unannounced several times and just hung around which made them nervous. They found mice and roaches and called the landlord he did get an exterminator over once but did not take care of issue. There were only to be the 4 girls in the house, he closed in a room separate to the remaining house and moved in a man that also made the girls nervous but the utility bills did not change. They had other people attempt to reach the landlord to rent as per rental agreement he would not take calls. He has rented out since. They received a certified letter only typed from him requiring the tensing portion of the lease in full. What are their rights and need to do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I was a resident in New York City for 40+ years. I left New
I was a resident in New York City for 40+ years. I left New York four years ago because I could not afford the rental market. I am devastated living in Florida. I am 71 years old, and my daughter live… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
I live in FL and my lease had ended. I lived at the
I live in FL and my lease had ended. I lived at the apartment complex for appro six months after the lease ended, and was going month to month. I never agreed to a new lease, and after four months of … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Our apartment heater is not functioning and we requested
Our apartment heater is not functioning and we requested that it be repaired nearly 2 months ago. The management company has repeatedly stalled on this and still has not fixed the problem, despite it … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We broke a lease on a property recently. We agreed the
We broke a lease on a property recently. We agreed the break-lease fee and that we would continue paying rent until a new tenant was found. A new tenant was found and we were refunded the rent overpay… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I moved out my home about 2 moths ago the landlord sent a
Hi I moved out my home about 2 moths ago the landlord sent a letter showing I owe for 13 months for sewer bill. The lease states that he will provide s copy( never did nor stated anything was behind).… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x