Legal Question in Real Estate Law in District of Columbia

New landlord - Social Security Number

I'm a new landlord. The building I bought has existing tenants. I have their leases but no personal info. In order to comply with D.C. tenant law I am trying to establish a landlord/tenant bank account which will put each of the tenants security deposits in escrow. As the owner of a single building I am not supposed to establish a single escrow account for all deposits so I am using the landlord/tenant account which requires SSNs for each tenant since interest is accumulated.

Since these are existing tenants and I did not screen their applications, there are a couple tenants that refuse to provide their SSN. I cannot set up accounts without the number. This puts me in a difficult situation.

I have notified the tenants of all the reasons I need it, included DC Tenant line about security deposits and arranged with the bank to receive the numbers directly if they would be more comfortable with that.

I'm unclear what, if any, leverage I have on these existing tenants. It's going to cause an issue setting up bank accounts and I don't believe I have the right to demand it or withold renewing a lease without it.

Eventually these tenants will move and I will no longer have the problem, but what do I do for now?

Thanks!


Asked on 1/08/09, 7:47 pm

2 Answers from Attorneys
Michael McCarthy Guydon Love, LLP

Re: New landlord - Social Security Number

I agree with my colleague Mr. Hendrickson; however, I'd add that it may be worth retaining an attorney to ask for these SSN's on your behalf. You'd be surprised at how persuasive an attorney can be in comparison to the landlord and how much more receptive tenants will be once you've retained an attorney to act on your behalf.

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Answered on 1/09/09, 12:33 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: New landlord - Social Security Number

Keep a record of these tenants' written refusals to provide their SS#'s for the purpose you've stated.

Then, if you're ever confronted by a DC bureaucrat

invesigating the reason as to why a security deposit account was not established for a particular recalcitrant tenant who refused to divulge his or her SS#, you'll be able to show the bureaucrat the evidence for the refusal.

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Answered on 1/08/09, 9:24 pm


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