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  1. #1
    Join Date
    Jun 2020
    Posts
    1

    Default Can D.C. Landlord File Emergency Motion Without Providing Proof of Emergency to Me?

    My landlord in D.C. claimed there is an emergency leaking issue from an apartment below and asking to enter my unit.
    This happened more than a week ago. Meanwhile, I checked via video with the super and found no leakage on my end. I also requested multiple times for evidence (photos) to show the severity level, if it is caused by my unit, and if that unit is in a non-livable condition, as well as provided video check again with a plumber.

    They rejected all my inquires and just let an attorney send an email stating they are not required to send any photos of another tenantís unit as a condition of obtaining access to my unit to resolve an issue affecting other units. If I do not let them in, they will file an emergency motion to seek access.

    I already gave notice terminating my lease in a month and do not want to let them in without any proof of emergency under the pandemic situation.
    Will they be able to file the motion and obtain permission to enter? Will the entire process (including hearing) take longer than a month? Will a result of the motion against me affect my personal record in any way?

    Thank you in advance.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,920

    Default Re: Can D.C. Landlord File Emergency Motion Without Providing Proof of Emergency to M

    Quote Quoting anglesweetx
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    Will they be able to file the motion and obtain permission to enter? Will the entire process (including hearing) take longer than a month? Will a result of the motion against me affect my personal record in any way?

    Thank you in advance.
    The landlord is not required to send you proof the problem in the other apartment prior to gaining access to it to investigate the problem and remedy it. What is required is that the landlord provide you the notice of the intent to enter so that you are prepared for it. The landlord may certainly seek a court order allowing the landlord entry if you refuse to grant it. It's unlikely in the current environment that the matter would be resolved in less than a month, however, but I can't guarantee you that it wouldn't get heard quickly.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,916

    Default Re: Can D.C. Landlord File Emergency Motion Without Providing Proof of Emergency to M

    Will they be able to file the motion and obtain permission to enter?
    The LL might not have to. LLs generally have a right of entry for emergencies, often with little or no notice, and without your presence or consent if the emergency is serious.

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