March 30, 2017 Billy Cannon & Brian Dorwin IREM 8 March Meeting March 30, 2017 Billy Cannon & Brian Dorwin

L&T Basics Commercial Residential Contract governs (generally) Tenancies terminable Attorneys’ fees & costs recoverable Jury demand can be waived Rent, taxes, CAMA, insurance, late fees all in one non-pay lawsuit No pro bono lawyers (generally) Case law and DC Code governs “Evergreen” tenancies Attorneys’ fees never recoverable Jury demand never waived Anything other than rent requires a different suit Pro bono lawyers everywhere ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Commercial L&T Contract assumed to be “arm’s length” between equal bargaining powers Provisions to Watch Renewals Default and notice provisions – usually specific, follow closely Who pays for what? (CAMA, taxes, insurance, etc.) What is being rented? (Fixtures, improvements, as-is?) Court generally declines to add missing terms ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Commercial L&T – Getting to Court Judges generally un-sympathetic to either side Corporations must have attorneys appear If not settled expect a full “Protective Order” Mediation on day of trial - maybe Bench Trial Reasonable attorneys’ fees and costs may be awarded to prevailing party (if contract calls for them and if the complaint seeks them) ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Residential L&T Governed by case law & statute Extremely tenant friendly Court assumes residential tenants at a disadvantage negotiating with terrible, unscrupulous landlord Provisions to Watch Waiver of 30 Day Notice to Quit for non-payment of rent Late Fees Required Addenda – Disclosures, Access, Tenant Bill of Rights, Objectionable conduct, non-rent fees, etc. ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Residential L&T – Getting to Court Built in delays – do not wait to sue Court will grant tenant requests for continuances Tenants can answer & demand trial by jury Be ready to litigate the amount of the Protective Order Settlement is a business decision (some agreements are good for Landlords – consent judgments, move-out agreements) Property managers sometimes needed for testimony Bench Trial = 4 – 5 weeks Jury Demand = 5 – 7 months (discovery, mediation, attorney’s fees) ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Evictions (Commercial and Residential) No “Self Help” evictions in DC, ever. Judgment for possession in favor of Landlord required U.S. Marshals Service supervises No evictions when 50%+ chance of rain or 32 degrees or below within 24 hours Can be a very long wait 24 hours’ notice – need a crew ready to meet Marshals ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Contractors Be mindful of what you & your contractors discuss (& with whom) while on site Contractors are agents of the Landlord and can thus bind Landlord with statements made to tenants If you see something, say something – Landlord could be “on notice” of something you found out about Diligence in record keeping – work tickets, invoices, narrative descriptions ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

General Fair Housing Tips All tenant issues are really fair housing issues Many protected classes in DC Four tips: Make reasonable accommodations (use forms for service animals & other requests) Treat people fairly Keep good records Get advice – call us with questions ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Hot Topics in Residential D.C. LT Law Marijuana DOEE Mold Regulations Rental Housing Late Fee Fairness Amendment Act Residential Lease Clarification Amendment Act Building Code – Carbon Monoxide detector requirement effective March 28, 2017 (fines begin Oct. 1, 2017) Looking Ahead Changes to Rent Control? AIMCO v. AirBnB ©2013 Offit Kurman, Attorneys At Law. All rights reserved.

Give Us A Call Billy Cannon Brian Dorwin Email: bcannnon@offitkurman.com Office Phone: 240.507.1771 Mobile Phone: 202-607-8616 Brian Dorwin Email: bdorwin@offitkurman.com Office Phone: 240.507.1749 Mobile Phone: 804-350-1252 .