In Washington D.C., in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Washington D.C.?
In Washington D.C., landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Washington D.C.?
In Washington D.C., lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 30 Day Notice to Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Washington D.C., rent is late starting the day after it’s due.
Acceptable Forms of Service in Washington D.C.
Washington D.C. landlords may deliver an initial eviction notice using any of these methods:
- Hand delivery to the tenant
- Only if the tenant cannot be found: Hand delivery to a person of suitable age on the premises who can accept the notice on behalf of the tenant
- Only if all forms of hand delivery fail: Posting the notice on the premises, PLUS, within three (3) calendar days, mailing notice by first class mail with return postage prepaid
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Special Notice Requirements in Washington D.C.
In Washington D.C., notice from a landlord must be delivered in both English and Spanish, by default. If the landlord knows the tenant speaks a language other than English and Spanish, in most cases the landlord must provide notice in the tenant’s preferred language.
Except for notice for nonpayment of rent, all notices by default must be served on the Rent Administrator in addition to being served to the tenant. Notice posted to the premises can only be proven in Washington D.C. courts by providing a picture of the posted notice with a readable date and timestamp.
Notice for Nonpayment of Rent in Washington D.C.
Washington D.C. requires that a 30 Day Notice To Quit for nonpayment of rent must (in addition to any other content the landlord wishes to mention) contain language identical or substantively similar to the following:
The total amount of rent owed is [list specific amount due]. A ledger showing the dates of rent charges and payments for the period of delinquency is attached. You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full.
[Name of housing provider] has the right to file a case in court seeking your eviction if the amount of rent you owe is equal to at least $600 and you do not pay the balance of unpaid rent in full within 30 days of this notice. If the amount you owe is lower than $600, [name of housing provider] can notify you of the amount due but cannot file a case in court seeking your eviction.
You have the right to defend yourself in court. Only a court can order your eviction. For further help or to seek free legal services, contact the Office of the Tenant Advocate at 202-719-6560 or the Landlord Tenant Legal Assistance Network at 202-780-2575.
Obtaining Proof of Service in Washington D.C.
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Posting at the Premises – by taking a photograph with a date and time stamp and completing a Declaration of Service
- First Class Mail – mail receipt and completing a Declaration of Service
Washington D.C. Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 30 Day Notice To Quit | Eviction for Unpaid Rent |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 30 Day Notice of Termination | Eviction for Illegal Activity |
| 30 Day Notice To Vacate | Ending a Periodic / Fixed Term Lease
Tenancy At Will |
| 90 Day Notice To Vacate | Sale of Property /
Landlord Occupying Premises |
| 120 Day Notice To Vacate | Rehabilitation /
Condo Conversion |
| 180 Day Notice To Vacate | Demolition /
Discontinue Housing |
Sources
- 1 D.C. Code § 42-3206
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Every notice to the tenant to quit shall be served in English and Spanish upon him personally, if he can be found, and if he can not be found it shall be sufficient service of said notice to deliver the same to some person of proper age upon the premises, and in the absence of such tenant or person to post the same in some conspicuous place upon the leased premises. If the notice is posted on the premises, a copy of the notice shall be mailed first class U.S. mail, postage prepaid, to the premises sought to be recovered, in the name of the person known to be in possession of the premises, or if unknown, in the name of the person occupying the premises, within 3 calendar days of the date of posting.
- 2 Sup. Ct. R. D.C. 6(c)
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c) Additional time after service by mail. Whenever a party has the right to act or is required to act within a specified time period after service of a notice or other paper upon the party, if the notice is by regular first class mail, then the party shall have three additional days, separately computed pursuant to paragraph (a) of this Rule, to act. For the purpose of this Rule service by facsimile transmission is not service by mail.
Source Link - 3 D.C. Code § 42-3505.01(a)(1) - (a)(3)
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(1) …No tenant shall be evicted from a rental unit for any reason unless the tenant has been served with a written notice which meets the requirements of this section. Notices for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator. (2) If a notice is served by posting a copy on the premises, a photograph of the posted notice must be submitted to the court. The photograph must have a readable timestamp that indicates the date and time of when the summons was posted. (3) If the landlord knows the tenant speaks a primary language other than English or Spanish that is covered under § 2-1933, the landlord must provide the notice in that language. ===== To determine whether a language other than English or Spanish is covered by the legal requirement in section (D), above, see D.C. Code § 2-1933 (“A covered entity shall provide translations of vital documents into any non-English language spoken by a limited or no-English proficient population that constitutes 3% or 500 individuals, whichever is less”). Source Link - 4 D.C. Code § 42–3505.01(a-1)(2)
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Notice provided to a tenant shall contain the following or substantively similar language:
“The total amount of rent owed is [list specific amount due]. A ledger showing the dates of rent charges and payments for the period of delinquency is attached. You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full.
“[Name of housing provider] has the right to file a case in court seeking your eviction if the amount of rent you owe is equal to at least $600 and you do not pay the balance of unpaid rent in full within 30 days of this notice. If the amount you owe is lower than $600, [name of housing provider] can notify you of the amount due but cannot file a case in court seeking your eviction”.
“You have the right to defend yourself in court. Only a court can order your eviction. For further help or to seek free legal services, contact the Office of the Tenant Advocate at 202-719-6560 or the Landlord Tenant Legal Assistance Network at 202-780-2575.”.
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