COVID-19 has left Landlords and Tenants to scramble to pay rent and mortgage. The Federal Government has enacted the CARES ACT to temporarily alter the procedure in all jurisdictions for obtaining an eviction. Under the Cares Act, if you have a Federally backed mortgage or your tenant is receiving public housing assistance, you will need to submit an an affidavit confirming you are in compliance with the CARES Act prior to starting an eviction proceeding for non-payment of rent.

CARES Act Section 4024(b) prohibits landlords of certain rental “covered dwellings” from initiating eviction proceedings or “charg[ing] fees, penalties, or other charges” against a tenant for the nonpayment
of rent. These protections extend for 120 days from enactment (March 27, 2020). Section 4024(c) requires landlords of the same properties to provide tenants at least 30 days-notice before they must vacate the property. It also bars those landlords from issuing a notice to vacate during the 120-
day period. In contrast to the eviction and late fee protections of Section 4024(b), which are expressly limited to nonpayment, Section 4024(c) does not expressly tie the notice to vacate requirement to a particular cause. Thus, Section 4024(c) arguably prohibits landlords from being able to force a tenant to vacate a covered dwelling for nonpayment or any other reason until after August 24, 2020 (i.e., 120 days after enactment, plus 30 days after notice is provided). Section 4024(b)’s and (c)’s protections, however, do not absolve tenants of their legal responsibilities to pay rent. Tenants who do not pay rent during the eviction grace period may still face financial and legal liabilities, including eviction, after the moratorium ends.

Contact us today to schedule a low cost consultation to discuss your rights as a landlord or tenant in Washington DC or Virginia.

Recent Notable Cases

Andrew O. Clarke, Esquire rigorously defends and investigates his client’s legal issues.  His focus and attention to minute details is what breeds favorable results in court houses in the District of Columbia and across the Commonwealth of Virginia. Don’t hire an attorney based on price alone.  Contact us today to schedule a consultation on your legal issue.  Click Here to read what our past clients have to say.

Please be advised that a lawyer cannot predict the outcome of your case, all cases are not the same, and results may vary from case to case, even with the same facts.  The following are recent cases in which Andrew Clarke Law, PLLC was counsel of record:

Client was facing 1st and 2nd Degree Assault on a police officer; Resisting Arrest; and Disorderly Conduct charges.  Counsel was retained a month and a half before trial.  After litigation a plethora of pre-trial issues the initial trial ended in a mistrial.  The second trial ended with a verdict of Not Guilty.  Here is the link to the story: Maryland Man Found Not Guilty

In the District of Columbia, client faced Felony charge of Assault and two misdemeanor assault charges.  Counsel was able to relieve previous counsel and prepare for a 4-day Jury Trial trial in 2 months.  Motion to Suppress statements was argued and granted.  After the Government’s case-in-chief, Counsel argued the Government had not met its burden on 1 count of simple assault, the court agreed and dismissed the count before consideration by the jury.  Defense put on its case and the Jury returned a verdict of Not Guilty on all charges! After the trial, it was discovered through a member of the jury that the Jury was 11-1 in favor of acquittal immediately following closing arguments.

Client faced an Abduction charge in Fairfax County.  Client would be deported if convicted.  Counsel argued that the Commonwealth did not have probable cause to believe client committed the Felony offense.  The Judge agreed and after the Preliminary Hearing, the Abduction charged was dismissed!

Client faced with indictment for Felony Embezzlement charge based on alleged involvement in a scheme involving a Fortune 500 company.  After negotiations with the government, client avoided any jail time and charge was amended to a misdemeanor before an indictment was returned.

Client faced an indictment for Felony Fraud and deportation based on alleged involvement in a lottery scam.  After negotiations with the government, client’s case was dismissed before the preliminary hearing.

Client faced seven felony charges in connection with a protest.  Case was litigated for over a year.  Counsel found key information that led to the dismissal of charges against all remaining defendants.  Inauguration Protest Cases Dismissed for more information on this case.

Client Charged with Possession With Intent to Distribute.  After reviewing discovery and other evidence, it was apparent that the government had over charged the client.  Before the preliminary hearing, the government lost their motion and was forced to dismiss the case.  In a separate forfeiture action, the asset seized for forfeiture was released back to the client.

Client was Charged with Possession With Intent to Distribute.  At trial, the government put on its witnesses against the client.  Before putting on any evidence, Counsel moved to strike the government’s evidence as insufficient evidence of Intent.  The Judge agreed.  Case Dismissed!

Client charged with Obstruction of Justice.  After the Gov’t put on its case against the client, Counsel moved to strike the evidence arguing there was no evidence the client intended to Obstruct Justice.  the Judge agreed.  Case Dismissed.

Client Charged with Driving While Intoxicated (DWI).  Counsel filed a Motion to Suppress the stop.  At the hearing, Counsel argued case law in which the defendant was unlawfully stopped by police.  Judge agreed case was binding and granted suppression of evidence.  Case dismissed.

Client facing jail time for Driving on a Suspended License (DOS).  During closing, Counsel argued that the Client had no notice of suspension.  Judge found the Defendant Not Guilty.

Client facing a year in jail for Driving While Intoxicated (DWI) and Refusal after leaving the scene of an accident.  Counsel was able to prove that the government’sRE witnesses had credibility issues, obtained a result that avoided the DWI and Refusal charge, jail time, significant suspension of license, and a hefty fine.  Not all wins include a not guilty verdict.

Client charged with Theft.  After a rigorous investigation of the issues, it was apparent that the complaining witness had credibility issues.  Government declined to proceed to trial with the case.


You may lose your liberty.  Don’t hire a criminal lawyer based on price alone.  Hire a DC based Law Firm that can take the time to assess the merits of your case.   Andrew O. Clarke, Esquire has had success in Criminal Law in D.C. and Criminal Law in Virginia obtaining dismissals before trial, having clients found not guilty, and forced the prosecution to decline prosecuting (nolle prosequi) charges.  This is because Andrew O. Clarke, Esquire is a Criminal Lawyer that is thorough in his research and presentation of his client’s cases.  The Firm keeps its criminal case load at a minimum to thoroughly assess and litigate each client’s issue.

Andrew O. Clarke refers to his criminal law practice as “Criminal Litigation” because he believes constitutional law issues should be argued and not conceded to the government.

Contact us immediately if you are in fear of being charged or have been charged with the following charges in the District of Columbia or Commonwealth of Virginia:

  • Drug Possession​​ including Marijuana (Virginia) and Cocaine (D.C. and Virginia)
  • Bond Motion Representation
  • Possession with Intent to Distribute
  • Robbery
  • Burglary
  • White Collar Crimes including Larceny, Embezzlement, and Fraud
  • Misdemeanor and Felony Assault and Battery
  • Driving Under the Influence (Driving While Intoxicated or DWI)
  • Reckless Driving
  • Other Traffic Offenses