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Photo by PoPville flickr user brunofish

TOPA 101 for Neighbors?

“I’m looking for some insights and advice on DC’s TOPA – not from a tenant or homeowner/landlord perspective, from a neighbor perspective.

The row house adjoining ours has a tenant who’s almost 2 years into the TOPA process. In the meantime, the house has fallen into a dangerous state of disrepair. It’s a public safety hazard on a number of fronts – it’s teeming with all manner of vermin, has poison ivy growing everywhere, reeks of urine and animal feces, is a tinderbox waiting to go up in flames (if it doesn’t collapse first), has garbage strewn about, several areas of standing water breeding mosquitos, attracts addicts and the like.

The owner has desperately been trying to sell the place but the tenant’s got everything tied up in court. I can’t say for certain but from what I’ve learned of the situation, the tenant has no real intentions of owning the home except for any chance he has at a piece of the sale when it flips. It has all the markings of someone abusing the law but what I care most about is the state of the home itself. Does the tenant have responsibilities to maintain and care for the property or is that all on the owner? If he’s trying to use TOPA does he have to prove that he’s capable of caring for the property? If there’s a real public health problem do we as neighbors have any recourse? I feel rather helpless while this cesspool of a home continues to throw up a symbolic middle finger to the rest of the block and keep me worried that I’ll have to grab my 17 mo old in the middle of the night and flee because it’s caught fire.”

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Photo by PoPville flickr user Elvert Barnes

My basement bedroom in the house I rent is not legal?

“I recently discovered that the basement “bedroom” I’ve been living in for the past year is technically illegal (ceiling height of support beam about 6’2″). Our landlord is absolutely horrible; breaks rules, genuinely rude to us (5 of us in mid-20s), fails to deposit our rent checks on time, doesn’t give full 24 hours before she shows up (even if she does give us notice!), keeps the house furnished with her furniture and demands us to pay for her ancient furniture that breaks — I could go on. Is there anything I can do with this information? I spoke with a family friend who is a lawyer who looked over our lease agreement and said there are a lot of legal problems with it. She even writes things in pen to add to the lease. My question is: would it even be of any benefit to me to act on this? This woman is so out of touch (in her 80s, at least) and has made for a not-so-great living situation. Thanks.”

You can see all forum topics and add your own here. If you are having trouble uploading your question please email me at princeofpetworth(at)gmail Please Note this is NOT an events calendar.


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Photo by PoPville flickr user Jim Havard

Limited Supply of Hot Water/Short Shower Issues:

“We just moved into a new building in Shaw (Jefferson Marketplace) and are having an issue with our hot water. We live in a two bedroom, two bath apartment with a washer/dryer and dishwasher. Each unit apparently has its own hot water heater, and the installed system only has enough hot water for a single short shower (under 5 minutes) before losing temperature. The system will recharge with enough hot water for another short shower after 30-45 minutes. There’s not nearly enough hot water in the system to run the dishwasher or washer at the same time as a shower – but that’s more than what I am requesting. I just want a normal length shower and for both me and my fiancee to be able to get ready around the same time in the morning.

The maintenance supervisor has come and raised the temperature of the water heater 3 times already but, both he and the property manager live in the building and acknowledge the problem and have said the entire building is dealing with this. However, the property manager has said that the units passed inspection with the water heater units installed and that “once the weather breaks, the water coming into the building will be at a warmer temperature aiding in the duration of hot water.” I’m not optimistic that the management company will be doing anything to fix the problem.

What is our recourse for this situation? My understanding is that, under DC landlord/tenant law, landlords must provide tenants with “reasonable amounts of hot water.” This clearly doesn’t seem reasonable to me. If we are entitled to a rent abatement, great, but I really just want this fixed. Having just moved, we’d really not want to move again so quickly. Any suggestions would be helpful. Thanks!”

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Photo by PoPville flickr user Jim Havard

“Dear PoPville,

My pipes froze Sunday and no one in our house (I’m downstairs in the English basemen and there are 5 people upstairs) has been able to use the water or bathroom since Sunday morning.

Our landlord sent a contractor out who determined the frozen pipe is under the ground. She has not offered any solutions except that we need to wait until it warms up…which could be 4 or 5 days from now. When I asked about what we are supposed to do for a bathroom she said to go to a friends house and that there is nothing she can do.

I’m wondering if anyone has any insight on this. Do we have to pay a full months rent even though the house has no running water? Does the landlord need to try and fix the problem or is waiting until it warms up a reasonable response? We have been showering and using the bathroom in Giant and WSC in Columbia Heights.

Would love to hear some opinions!”


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Photo by PoPville flickr user nevermindtheend

Ed. Note: Info from the office of the tenant advocate can be found here

“Dear PoPville,

Here’s the deal:

1) I paid two months advance rent and a security deposit, all totalling 6400, to occupy a single family home with an illegal basement unit.The landlord did not have an active license at the time he rented the unit but acquired roughly two months later, after I called the matter to his attention. However, I signed a one year lease which began in August 2014.

2) At the time of renting the place, the landlord said that he intended to rent the basement, and there was an ad for the unit on Craigslist at the same time my apartment was on the market. The landlord said that he would charge me $200 in rent per month to cover my half of the utilities. However, I discovered and brought to his attention that he only had license to rent the unit as a single family home per zoning restrictions for the area.

3) I was in the process of selling my primary residence and so I spent several evenings preparing at my old place, preparing it for sale. Also, the chemicals used to clean the carpet exacerbated by allergies and caused rash breakouts for my 3 year old daughter. While I was away, the landlord entered the property several times without any notice – once to clean the carpet, once to turn out the lights.

4) My house did not close on the scheduled date, and I was a little hard on cash, so I was unable to pay November rent. Just before Thanksgiving, I noticed that the landlord shifted my daughters toys and cleaned the carpet – again wihtout notice.

5) Two days after Thanksgiving, the landlord sent a text message to tell me that he had moved my things to the basement of the apartment. I texted back asking why. He phoned back and told me that he needed to move my things because he had rented the place to another person. He said I could arrange to meet him at the basement to retrieve my furniture and personal belongings.

6) I am scheduled to close on my house on December 5th, and I now have no place to stay because the landlord has moved my things and rented my place to someone else.

And so now…. I am freaked out trying to find another place. I wonder if I have any recourse or what steps I can take against the landlord. I have never been in this situation before, and I would greatly appreciate receiving any help or advice that Popvillians can offer.

PLEASE HELP!!!!”


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Photo by PoPville flickr user brunofish

“Dear PoPville,

I live in the basement apartment of a homeowner who is my landlord. A few weeks ago, my landlord threw a wicked loud party that raged on late into a Tuesday night. When I sent her a text message about it (at 12:00am), I received no fewer than twelve angry text messages in reply, ranging from “I can’t wait until you move out” to “Do not contact me again”. I was instructed to contact the property manager (her close friend) about issues moving forward. He and I had a lengthy conversation, the result of which was basically in addition to being her birthday that night, the landlord is having “personal issues”, so her response was warranted given the context. I’m over that, though a little bitter. I was given the option to break the lease and move out, something I’m considering for January. Needless to say, the tension certainly is enough.

Now, she has turned on the ancient forced heat furnace. She alerted me to this and added a caveat that the furnace has a “hum”. Apparently, that “hum” is a loud, constant, high-pitched ringing noise that permeates through the concrete walls. What’s more, it seems to resonate through the vents in my apartment – and it’s still freezing cold in here.

I measured the noise at a peak of 75 decibels inside my unit, furthest from the furnace (using a smartphone app, efficacy unknown). According to DCRA, any mechanical equipment noise will be measured at the property line (so, outside). I can’t hear it from there, so I wonder if going to them would make any difference. I have sent a text message to the property manager and have not heard a response.

I worry that first, there is a real issue with the furnace. I also wonder which will explode first – the furnace, or my brain.

Do I have any recourse here, except the noise cancelling headphones I just purchased? How’s the rental market in January (or next week, for that matter)?”


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Photo by PoPville flickr user JEO Photography

“Dear PoPville,

I have a question about landlord responsibilities that I would love the community’s response to. I live in an older building and a few weeks ago, my next door neighbor’s apartment flooded, due to a leak in the heating and cooling unit. The leak spread to my apartment through the walls and floors, and the wood flooring in my unit now needs to be replaced. It’s cracked and bubbling- in some places the floor has popped up as high as 6 inches. The walls also show signs of water damage.

We’ve been trying to get them to replace the floors for several weeks – they’ve made appointments and missed them on several occasions, which is relevant in that I need to have my dog out of the apartment and in day care, which gets expensive. This week, they finally came to inspect the floors and decided that they needed to replace the floors entirely, and we’ll need to move out of the apartment for 48 hours (furniture and all!).

What is their responsibility in handling this situation? I’ve asked to be moved to another unit in the building while they do the work, but that may not happen for a while and I’m concerned about mold. And should I expect a rent abatement as a result of this damage / having to move out of the apartment temporarily?”


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Photo by PoPville flickr user NCinDC

“Dear PoPville,

Two of my good female friends in their late 20s are looking for a place in DC. They both have great full-time jobs and excellent references. They went to look at a 2br townhouse apartment yesterday and the landlord weirdly asked them where they were going to sleep, which is totally creepy in its own right. When he realized they are a lesbian couple (neither presents as “stereotypically queer” and he was totally civil until they said they were planning to use the 2nd bedroom as an office) he started talking about charging them all kinds of additional fees and putting on additional restrictions to rent the apartment (a fee for the backyard, unlisted hefty application fee, “for you I’m going to say no pets” when they said they have a small dog even though the listing clearly allowed pets, higher security deposit than what’s allowed by DC code, etc.).

I’ve encouraged them to file a complaint with the DC Office of Human Rights to report the landlord for housing discrimination. The problem is that this isn’t necessarily prima facie housing discrimination, since it’s not like he listed “NO GAYS” in his advertisement and never directly refused to rent to them. Has anyone else had this experience? What did you do about it, if anything? They clearly won’t be living there, but are there other ways to flag this chump so others don’t unwittingly sign a lease and have to deal with his bullshit if they happen to be LGBTQ?”


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“Dear PoPville,

I just recently moved into a basement apartment. I moved in slowly while exiting my previous apartment and noticed what I thought at the time were grasshoppers. Turns out they are the Asian Camel Crickets that are invading the Northeast. They were pretty large and there were about 3 that I can remember in different parts of the one bedroom apartment. I notified my landlord and she said its a seasonal thing and they are all over the neighborhood and offered to get home defense spray for the interior perimeter of the the basement. I said I would try it and see how it goes. I also contacted a pest control company that did free home inspection, however, they said they would need the landlord’s permission before they came out to inspect. In the meantime, by now I have completely moved in and I decided to unpack so they had less places to hide. With every box I moved I found more and more, but the end of the week I had killed at least 20 and started documenting with my camera!

Now, I’m paranoid, afraid and walking around my apartment with my boom. When I found three under my bed I was fed up and asked my landlord to do something again. I decided to stay with a friend since I couldn’t sleep comfortably. She responded with the suggestion of getting a stronger spray. At this point, I realize this issue is more than likely not going to go away with spray and not the place for me. I asked if I could find her a new tenant to replace me, she said no, that I can’t sublease, and that she wouldn’t want to start over again.

So I started to do some research to figure out how I can get out of this sticky situation. I’ve called around and spoke to some co-workers and have come to a few conclusions.

1, She is renting the basement out illegally and doesn’t want a home inspection.
2. She will sue me if I decide to leave without completely the 12-month lease.
3. She is too lazy to start the process again and hopes I will just stop complaining until it gets cold and the crickets go away.

Either way at this point I am fed up and just want to find a new place to live….help! What are my options?”


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Photo by PoPville flickr user washingtonydc

Foreclosure and Tenant Rights:

“I just found out that my landlord has been foreclosed on, and the condo I’ve rented for nearly six years will soon be sold at auction. My landlord is unresponsive and I haven’t received any official notice other that what I have found in public records. No one, including the lender or the owner or the trustee, has reached out to me to tell me what’s going on. The auction is scheduled within a few weeks. As a tenant, what are my rights if the place is sold? Can someone come in and change the locks? I am not in a position to move right now. Any advice?”

You can see all forum topics and add your own here.   If you are having trouble uploading your question to the forum please try clearing your cache. If it still doesn’t work please email me at princeofpetworth(at)gmail


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