Yesterday when I picked up my mail I was greeted by not one, but two, letters from a law firm. Being a law abiding citizen, I kind of freaked out. Opening it, I found that the owner of the condo I am leasing is delinquent in their condo fees. The condo association is now demanding I pay them in lieu of paying rent to my landlord, and is threatening legal action, including eviction, against me if I don’t. Even though I have done nothing wrong. This is my third week in the apartment. Yeah, I couldn’t believe it.
So here’s my case for tenant’s rights. When I applied for this apartment, I had to fill out a detailed application with information about how much I had in my bank accounts, my debts (none, by the way), my employment history and salary, personal references, etc. All to prove I could and would pay rent on time. This is all normal, and I know that. But, as I signed a legal agreement in the form of a lease, which gave my landlord all sorts of recourse if I was delinquent in rent, I had no protection if the landlord did not pay their mortgage or their condo fees. I had no assurance in the form of an application with their personal and financial information or the opportunity to run a credit check to make sure they would pay their mortgage and other associated fees on time so that I could continue residence in the property.
Should I have demanded this? As I’m learning, probably. Is it normal? No. Would I have been rebuffed if I had asked? Probably. We should demand tenant’s rights, because when owners are foreclosed on and tenants have to deal with the consequences of not having a home, or condo fees aren’t paid and the association holds the tenants responsible, and we as tenants have no recourse, that isn’t OK. Why do landlords get all of the legal protection and tenants get next to nothing? I’m not OK with that. I’m a financially responsible, law abiding person, and I won’t stand to be held legally responsible for my landlord’s apparent irresponsibility just because I happen to be the tenant.
U Street Girl 
June 5, 2009 at 12:40 pm
Hi U Street girl,
I’m a legal aid/non-profit attorney in the District who has worked on landlord/tenant matters. (and your neighbor). You actually do have a lot of rights in this situation, unlike in most jurisdictions. Barring certain circumstances (i.e. they are converting the condo to personal use or you don’t pay your rent), they CANNOT evict you. This doesn’t change merely because the condo association or a bank now owns the property.
I don’t know what kind of income you have, but I can recommend a good tenant’s landlord/tenant attorney: Eric Rome. But first I would write them a letter stating that as far as you know, you may not be evicted merely because the owner changes. Say that if they do pursue legal action, you will counter-sue for wrongful eviction and violations of the D.C. Consumer Protection Procedures Act. A lot of banks and condo associations do cash for keys deals, as it’s difficult to sell a place when there is a tenant. I have had clients get $10,000 or $20,000 from landlords. Good luck! E-mail me if you need any other help!
Great blog by the way!
Matthew
June 5, 2009 at 1:16 pm
Thanks for the advice, Matthew. I’m hoping it won’t come to the point of hiring a lawyer, but I am prepared to do what’s necessary – especially when they’ve put eviction on the table (ruined credit history for 5 years doesn’t sound very appealing to me, especially if I’ve done nothing to be evicted). Thanks again.
June 6, 2009 at 3:55 pm
Matthew
I agree it is a good blog. I have a question though- Who should Ustreetgirl pay? She has a legal contract with the landlord and if she pays the condo association can the landlord come after her? I am surprised that the condo association has the right to garnish the rent-should Ustreetgirl asked for some documentation giving them the authority?
Thanks.
June 6, 2009 at 9:38 pm
I signed a lease addendum giving them the authority to do it, so I should pay the condo association…