Although renting your basement out may seem like a great way to generate extra income to help pay the bills, it can also become a point of conflict that could spiral out of control if not handled correctly. The recent report of the arrest of local landlord highlights the issues of being a landlord, as well as being a tenant.
The arrest seems to be the outcome of events that climaxed when the landlord allegedly forced the tenants out of the apartment earlier this month because the tenants were allegedly late paying their rent. According to an August 21st Montgomery County Police press release (mymcpnews.com), the police responded to calls of woman screaming for help and banging on a neighbor’s window. The woman reported to police that five individuals were in an interior room and prevented her from closing her bedroom door. The woman and her son were allegedly grabbed and were told that the “landlord said they had to, ‘go and pack their stuff.’” It was reported that the individuals yelled at the woman to take her belongings and get out of the apartment; and the suspects “pushed” the woman and her son out of the home.
Another tenant, who spoke to investigating officers, stated that the landlord allegedly told them that they should stay in their room because he was going to pay people to force the tenants out. Another tenant stated that the landlord told them to not come out of their residence because there would be people “yelling and screaming.”
One of the five suspects who was subsequently arrested, was allegedly paid $1,000 to “scare and force” the tenants out of the apartment. The landlord reportedly turned himself in to police and was “charged with conspiracy to commit first-degree burglary, conspiracy to commit robbery, and conspiracy to commit second-degree assault.”
Another outcome of this incident is that the property was condemned by the Montgomery County Department of Housing and Community Affairs (DHCA) and all occupants were ordered to vacate the property. An investigation of the home by the 4th District Community Service Officer and DHCA Housing Code Enforcement Inspectors determined that the landlord was “running a rooming/boarding home”; which “included four, illegal accessory apartments and five separate kitchens” and was “occupied by 15 people at the time of the incident.”
The unfortunate actions, events, and outcome of this incident are atypical. However, the plight of the landlord and tenant highlights the frustrations that can occur on both sides of the rental relationship, and may serve as a reminder to consult with an attorney before taking matters into your own hands.
Before you decide to become a landlord, consider familiarizing yourself with federal, state and local laws, rules and ordinances governing landlord-tenant affairs; as well as making sure your rental(s) conforms to licensing and zoning laws. Locally, the Montgomery County Office of Landlord – Tenant Affairs (housed within the Department of Housing and Community Affairs) is a resource for landlords and tenants on licensing, security deposits, evictions, leases, and rent increases. Besides publishing a Landlord – Tenant Handbook (a guide on informing of general rights and responsibilities of landlords and tenants), it also offers a free and quick avenue for tenants to seek amicable dispute resolution.
By Dan Krell
Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.