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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. Give Us A Call Billy Cannon Brian Dorwin
Office Phone:
Mobile Phone:
Brian Dorwin
Office Phone:
Mobile Phone: .