Legal Question in Landlord & Tenant Law in District of Columbia

Rights of illegal subletter with no written sublease agreement

Background: I have been subletting a room in a house in DC without a written sublease agreement. The tenant I'm subletting from is the sole person on the lease. It is a month-to-month lease and prohibits subletting without the landlord's notice and consent (and I'm certain he has not notified the landlord or management company). The only things we've agreed to orally are that I would rent the room and how I would pay. The only documentation I have to show that I reside in the house are two cashed rent checks for the last two months written by a family member to him with ''Jim's [May/June] rent'' on them.

We have been butting heads recently over the state of the house (filthy, uninhabitable, bug and vermin infested), which is entirely his doing (he is pathologically filthy, so much so that I think he may be mentally ill). During a recent confrontation he became irrational and threatened to put all my stuff ''out on the curb'' and change the locks.

Questions: What are my rights as a resident without a written agreement? What are my legal (or practical) remedies if he tries to follow through on his threat? What can he legally do to me if I stop paying rent over this?


Asked on 6/16/09, 2:12 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Rights of illegal subletter with no written sublease agreement

Since you are apparently occupying your space in this house without the landlord's knowledge or consent, I would say that your "rights" (as a tenant) under the circumstances described are virtually nil.

And, consequently, your remedy is to move (sooner rather than later).

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Answered on 6/16/09, 9:55 am


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