Emilie M Fairbanks's Answers

Emilie M Fairbanks
Washington Landlord / Tenant Lawyer.
Contributor Level 9

3

Attorney answers:

  1. Emilie M Fairbanks
  2. Calvin T. Sun
  3. Daniel Robert Hamad

Can our landlord take away our building's washer/dryer without compensation?

Asked by a user in Frederick, MD - about 1 year ago.

It depends in part on the recourse you are seeking. Do you want to break your lease and move? You may have an argument for doing so, even if the washer and dryer are not in the lease, if they were listed in the marketing. However, you could also try to negotiate a rent decrease with your landlord, given the reduction in services, or see if they would allow you to break the lease with thirty days notice. Why were the washer and dryer removed? Given that you have just entered what is...

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Attorney answers:

  1. Emilie M Fairbanks

Can I sue for difference in rent?

Asked by a user in Washington, DC - 17 days ago.

If you paid her a security deposit you would be entitled to get that back. You might have a claim that she is bound by the lease, but you also need to consider if you will spend more chasing her than you can realistically recover. Consult an attorney who can review the documents, but keep your expectations realistic.

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Attorney answers:

  1. Emilie M Fairbanks

Can I break a lease if my roommate moves her boyfriend in without consulting me first?

Asked by a user in Baltimore, MD - 3 months ago.

Your lease is a contract between you and your landlord, the landlord isn't responsible for resolving problems between you and your roommates. If the lease forbids subletting or unauthorized occupants the landlord might evict you if they find out about your roommates's boyfriend, but that is up to them. If you leave before the lease is up and your roommate doesn't pay the rent, the landlord can likely come after you for the rent.

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Attorney answers:

  1. Emilie M Fairbanks

Roommates keeping the mail, what can i do?

Asked by a user in Washington, DC - 4 months ago.

The Postal Service usually won't forward everything, bulk mail isn't forwarded. You usually need to have certain things like magazines forwarded individually. While your former roommates holding your mail could be a crime, I wouldn't count on the police arresting anyone for it. You should make sure everything important to you is individually forwarded, bills, personal mail, etc., and then discuss the issue with your former landland. If you only moved a block away you may have the same...

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Attorney answers:

  1. Emilie M Fairbanks

How can I motivate my roommate to pay rent?

Asked by a user in Washington, DC - 1 day ago.

I understand your frustration, but if you are the tenant and she is an occupant, you are responsible for the rent and if it isn't paid, you are risking eviction or at least damage to your rental record. If you purchased the furniture together you will have to resolve who takes what, but you don't want to try to hold onto things that are legitimately hers in an effort to get the rent. You can likely sue her for her portion of the rent if she fails to pay, but try to resolve the issue with her...

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Attorney answers:

  1. Brandy Ann Peeples
  2. Emilie M Fairbanks

If a tenant destroys your home, with water damages, to where no walls, ceilings or floors, & house destroyed who is responsibl

Asked by a user in Silver Spring, MD - 3 months ago.

You need a DC landlord/tenant attorney if you want to have the claim evaluated. However, as te other attorney said, if the tenant caused the damage, usually Section 8 won't be held responsible, and chasing the tenant if they have no funds is a waste of time.

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Attorney answers:

  1. Emilie M Fairbanks
  2. Mark William Oakley
  3. Rixon Charles Rafter III

Large branches from a tree fell on car on the property I am renting is the landlord responsible?

Asked by a user in District Heights, MD - 4 months ago.

The neighbor might be responsible for some or all of the cost, but that is an issue for the neighbor and the landlord. The landlord needs to resolve the tree for you, if he can get the neighbor to do it, great, but if he can't, that doesn't change his duty to you to give you access to the entire property you are paying him for.

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Attorney answers:

  1. Emilie M Fairbanks
  2. Steven Alan Fink

What else can be done for a tenant that is not paying rent and refuses to leave?

Asked by a user in Washington, DC - 5 months ago.

It sounds like the tenant has given a Housing Code defense. The judge is then required to allow the tenant to have a hearing on the merits of the case. I'm not sure from your question what type of hearing was set, sometimes cases are set for bench trial, other times they are continued first so the tenant can get an attorney. If you have a trial date, you will need to be prepared to provide the court with all of your evidence that the tenant isn't paying rent, how much he owes you, and that...

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Attorney answers:

  1. Emilie M Fairbanks

Maryland(Prince Georges County) landlord eviction, what to do to evict tenant after they have received a certified 30 notice?

Asked by a user in Hyattsville, MD - 9 months ago.

Assuming the notice is valid, was served correctly, and you have a reason to give the tenant a notice, you will need to file a lawsuit with landlord/tenant court and it will be served upon the tenant. You will have to go to court on the date of the trial and and if your tenant comes to court, you will need to explain to the court, with proper proof, that you served a legally valid notice, and that your tenant has failed to move. If you win, you will get a judgement without the right to redeem,...

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Attorney answers:

  1. Emilie M Fairbanks

What is dc rule or procedured landlord/bank refiling writ of restitution to evict. What can tenant do ?

Asked by a user in Washington, DC - 6 months ago.

There are several questions left open by your facts. Is the owner filing a new writ on the old case, which would usually not be permitted after an eviction, or filing a new case for possession, which is is permissible? If the original tenant has been paying rent to the landlord or the bank during this period or they are prepared to pay all the back rent and they are not in violation of the lease in any other way, they can defend a possession case. The tenant should make the landlord aware of...

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