Keep renting it
If the rent covers your costs and the tenant is reliable, holding on can make sense. The Office of the Tenant Advocate, (202) 719-6560, explains the rules on the tenant side if questions come up.
Selling a DC house with a tenant in it? Here's where TOPA fits.
What DC's Tenant Opportunity to Purchase Act means for a single-family rental, the notice you owe your tenant, and your options for selling.
No obligation. No pressure. Takes about 2 minutes.
How it works in DC
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Most single-family rentals are exempt
Since July 3, 2018, single-family dwellings in DC have been exempt from TOPA unless the tenant is elderly or has a disability. A single-family home with an accessory dwelling unit, and a single rental unit in a condo, co-op or HOA, are exempt too. Other buildings follow other TOPA rules.
Source: DC Department of Housing and Community Development: Tenant Opportunity to Purchase Assistance
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Tell your tenant within 3 days of an offer
Even for an exempt house, an owner who intends to sell must give the tenant written notice within 3 calendar days of receiving or seeking a written offer. You don't have to repeat it to the same tenant for a year.
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Elderly or disabled tenants have a real right to buy
If the tenant is elderly or has a disability, signed the lease by March 31, 2018 and moved in by April 15, 2018, they must get a written offer of sale, with a copy to the Office of the Tenant Advocate. They then have 20 days to say they're interested, at least 25 more days to negotiate, and at least 45 days after contracting to settle.
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The tenant doesn't have to leave because you sell
Under DC's eviction law, a tenant who keeps paying rent generally can't be evicted just because the lease has ended. Evictions are only allowed for the reasons the law lists, with written notice.
Your real options
Sell for cash with the tenant in place
A rented house can still be sold for cash; the lease and the tenant's protections stay with the house. A cash sale can close in as little as 7 days once any required notice periods have run, with no fees or commissions.
List it
If the house shows well and your tenant is cooperative about showings, listing may net more. We'll show you the cash offer next to what listing could net, so you can weigh the difference.
See both numbers
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
This page explains the general rules. It isn't legal advice. Your documents and situation may differ, so talk to a DC landlord-tenant attorney about your specific case.
Frequently asked questions
Does TOPA apply to my single-family rental?
Usually not. Since July 3, 2018, single-family dwellings have been exempt unless the tenant is elderly or has a disability and signed the lease by March 31, 2018 and moved in by April 15, 2018. You still owe the tenant notice within 3 calendar days of receiving or seeking a written offer.
How long does TOPA add if my tenant qualifies?
For a qualifying elderly or disabled tenant in a single-family home, the law gives 20 days to respond to the offer of sale, at least 25 days to negotiate after that, and at least 45 days after contracting to settle, with possible extensions for financing.
Will my tenant have to move out when I sell?
Not because of the sale. DC law generally doesn't allow evicting a tenant who keeps paying rent just because the lease ends. The house can be sold with the tenant staying.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.