Steps of the eviction process in Washington D.C.:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing & issues judgment.
- Writ of restitution is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Washington D.C. can take around 1 to 8 months depending on the reason for the eviction. If tenants file an answer or request a jury trial the process can take longer.
Grounds for an Eviction in Washington D.C.
In Washington D.C., a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, violating the terms of the lease, and committing illegal activity on the premises. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 30 Days | Yes |
Lease Violation | 30 Days | Yes |
Demolition of Rental Unit | 180 Days | No |
Renovation of Rental Unit | 120 Days | No |
Discontinuance of Use | 180 Days | No |
Owner’s Personal Use | 90 Days | No |
Sale of the Rental Property | 90 Days | No |
Rehabilitation of Rental Unit | 120 Days | No |
Condominium Conversion | 90 Days | No |
Illegal Activity | 30 Days | No |
Eviction for Nonpayment of Rent
In Washington D.C., a landlord can evict a tenant for not paying rent on time. If the rent is past due, the landlord can issue a 30 days’ notice to quit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Washington D.C. on the fifth day after its due date. So for example, if rent is due on the first day of the month, it is considered late starting on the sixth of the month (if not paid in full).
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for Violation of Lease or Responsibilities
In Washington D.C., a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Washington D.C. landlord-tenant law. To do so, landlords must give 30 days’ notice to comply or vacate. Tenants are given the opportunity to fix the issue before the notice period ends or move out.
Tenant responsibilities include:
- Maintaining the premises so it is clean, safe and sanitary.
- Disposing of all garbage in a clean, safe and sanitary manner.
- Keeping all plumbing fixtures clean and sanitary.
- Maintaining the premises so it is free from rodents and vermin.
- Maintaining all facilities, utilities and services to be in a safe and good working condition.
- Not destroying or damaging any part of the premises.
Examples of lease violations include:
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
Eviction for Demolition of the Rental Unit
In Washington D.C., a landlord can evict a tenant if they want to demolish a rental property and rebuild it. To do so, the landlord must give 180 days’ notice to vacate. The tenant does not have the option to remain at the property and must move out at the end of the notice period.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Renovation of the Rental Unit
In Washington D.C., a landlord can evict a tenant if they want to renovate the rental property and the landlord cannot safely or reasonably make the renovations while the rental unit is being occupied. To do so, the landlord must give 120 days’ notice to vacate without the chance to remain at the property during the renovations.
Tenants have the right to return to the rental unit once renovations are complete, to re-rent the unit at the same rate if the renovations were required to bring the unit up to current code.
If the tenant remains on the property after the notice period expires, the landlord may permanently evict the tenant by filing an eviction action with the court.
Eviction for Substantial Rehabilitation of the Rental Unit
In Washington D.C., a landlord can evict a tenant for the purpose of an immediate, substantial rehabilitation. To do so, the landlord must give 120 days’ notice to vacate without the chance to remain at the property during the rental unit’s renovations.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Discontinuance of Use
In Washington D.C., a tenant can be evicted if the landlord decides that they no longer want to rent out the property. To do so, the landlord must give their tenants 180 days’ notice to vacate the rental unit. Tenants do not have an option to remain at the rental unit and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Owner’s Personal Use of Rental Unit
In Washington D.C., a landlord can evict a tenant if they no longer want to rent out the unit, and instead want to live at the property themselves. To do so, the landlord must give their tenant 90 days’ notice to vacate. Tenants do not have the option to remain at the rental unit and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Sale of Rental Unit
In Washington D.C. a landlord can evict a tenant if the rental property is sold. To do so, landlords must give 90 days’ notice to vacate. Tenants do not have the option to remain at the rental unit and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Condominium Conversion
In Washington D.C. a landlord can evict a tenant if the rental unit will be converted into a condominium or cooperative. To do so, landlords must give 90 days’ notice to vacate. Tenants do not have the option to remain at the rental unit and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Illegal Activity
In Washington D.C., a landlord can evict a tenant for performing an illegal activity at the dwelling unit. To do so, landlords must give 30 days’ notice of termination. Tenants do not have the option to fix the issue and must move out of the rental unit.
Examples of illegal activity include:
- Illegal drug activity.
- Prostitution.
- Threats of violence.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
End of Lease / No Lease. In Washington D.C., as long as the tenant continues to pay rent, landlords may not evict tenants simply because the lease term has ended.
Illegal Evictions in Washington D.C.
In Washington D.C., any of the below is illegal.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process. If found liable, the landlord could be required to pay the tenant an amount that the trial court sees fit.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining orally or by written request to the landlord about a habitability issue.
- Complaining to DC officials about housing violations.
- Legally withholding all or part of the monthly rent after giving reasonable notice to the landlord about the landlord’s noncompliance.
- Joining a tenant’s union or organization.
- Pursuing a legal right to remedy habitability issues.
- Bringing legal action against the landlord.
If found liable, the landlord could be required to pay the tenant an amount that the trial court sees fit.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Washington D.C. by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Delivering it to the tenant in person.
- Leaving a copy with someone of suitable age at the rental unit if the tenant cannot be found.
- Posting the notice in a conspicuous place at the rental unit AND mailing a copy to the tenant via first class mail, postage prepaid (within 3 days of posting) if no one can be found at the rental unit.
If the notice is posted, the landlord is legally required to take a photograph of the posted notice. The photograph must have a readable date and timestamp for proof of service if the case proceeds to court.
A copy of all eviction notices, except for the nonpayment of rent notice, must also be given to the Rent Administrator.
Language Requirements. Every eviction and lease termination notice must be served on the tenant in both English and Spanish. If the tenant speaks a language other than English or Spanish, the landlord is required to provide the notice in that language, as required by law.
It is important for a landlord to always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
30-Day Notice to Quit
If a tenant is late on paying rent (full or partial) in Washington D.C., the landlord can serve them a 30-Day Notice to Quit. This eviction notice gives the tenant 30 calendar days to pay the rent balance due in full or vacate the premises.
30-Day Notice to Comply or Vacate
In Washington D.C., if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice to Comply or Vacate. This eviction notice gives the tenant 30 calendar days to fix the issue or move out.
180-Day Notice to Quit
In Washington D.C., if a landlord wants to demolish the rental unit or discontinue the use as a rental property, the landlord can serve the tenant a 180-Day Notice to Quit. This eviction notice gives the tenant 180 calendar days to move out. The tenant does not have the option to remain on the property.
120-Day Notice to Quit
In Washington D.C., if a landlord wants to substantially rehabilitate the rental unit or make renovations, the landlord can serve the tenant a 120-Day Notice to Quit. This eviction notice gives the tenant 120 calendar days to move out. The tenant does not have the option to remain on the property.
90-Day Notice to Quit
In Washington D.C., if a landlord wants to sell the property, use the rental property for his or her own personal use, or convert the rental property to a condominium, the landlord can serve the tenant a 90-Day Notice to Quit. This eviction notice gives the tenant 90 calendar days to move out. The tenant does not have the option to remain on the property.
30-Day Notice of Termination
In Washington D.C., if a tenant is involved with an illegal activity on the rental premises, the landlord can serve the tenant a 30-Day Notice of Termination. This eviction notice gives the tenant 30 calendar days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Washington D.C. landlords must file a verified complaint in the Superior court. This costs $15 in filing fees.
The summons and complaint may be served on the tenant by anyone over the age of 18 who isn’t part of the case at least 7 days prior to the eviction hearing, unless it’s an eviction for illegal drug activity.
For drug-related evictions, tenants will only receive 5 days’ notice prior to the eviction hearing.
Though October 7, 2022 for evictions related to nonpayment of rent, the following pre-requisites are required prior to filing an eviction action in court:
- The landlord must serve a 60 days’ notice of past due rent.
- The 60 days’ notice period has ended and the tenant has not filed an emergency rental assistance application.
- The emergency rental assistance application has been denied.
- The tenant’s nonpayment of rent is $600 (or more) or the tenant is at least 2 months behind on rent, whichever is greater.
- The emergency rental assistance application is approved but a balance of $600 or more is owed and the tenant and landlord have not made a rent payment plan within 14 days of the applications denial (or acceptance with a remaining balance).
Tenants may be served through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with someone over the age of 16 at the rental unit; or
- Posting a copy in a conspicuous place on the rental unit AND mailing a copy to the tenant via first class mail.
The summons and complaint may only be posted on the rental premises if the first two service methods fail.
Step 3: Court Holds Hearing & Issues Judgment
The initial hearing will be set for a date at least 21 days after the complaint was filed.
For illegal drug activity evictions, the initial hearing will be set for 2 weeks after the complaint was filed with the court.
If the tenant fails to appear for the hearing, the judge will make a ruling on the eviction that day.
However, if either the landlord or tenant requests a jury trial, this will add 2 weeks to the process.
Formal Answer. Tenants are only required to file a formal answer with the court if they request a jury trial. In that case, the jury hearing date will be postponed for at least 2 weeks in order to give the tenant time to file a verified answer to the complaint.
Another hearing will automatically be set at least 10 days later if the tenant and landlord can’t come up with an agreement at the initial hearing (i.e., for the tenant to move out, pay past due rent, etc.), unless the judicial officer determines that the tenant has no good defense to the eviction case and rules in favor of the landlord.
If the tenant fails to meet the requirements of an agreement reached at the initial hearing (such as paying past-due rent by a certain deadline), then the tenant may be evicted for failing to comply with the agreement/court ruling.
If the judge rules in favor of the landlord, either at an initial or follow-up hearing, a writ of restitution will be issued and the eviction process will proceed.
Step 4: Writ of Restitution Is Issued
The writ of restitution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to move out before the U.S. Marshals come to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, then a writ of restitution will be issued at least two days after the judgment for possession (for the landlord) is issued.
The landlord must file a completed writ with the court, but the writ will be sent to the U.S. Marshal’s office the same day it’s filed.
Step 5: Possession of Property is Returned
Delivery of the writ of restitution must be scheduled by the landlord, but will be delivered by the U.S. Marshal’s service.
Tenants have 3 days to move out once the writ has been posted, unless the eviction also includes a money judgment, like back rent owed. In that case, the eviction must be stayed for 14 days before the tenant can be forcibly removed by the Marshals.
Washington D.C. Eviction Process Timeline
In Washington D.C., an eviction can be completed in 1 to 8 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Washington D.C. eviction process outside the control of landlords for cases that go uncontested.
Step | Estimated Time |
---|---|
Initial Notice Period | 30-180 Calendar Days |
Court Issuing/Serving Summons | 5-7 Business Days |
Court Ruling | 14-21 Business Days |
Court Serving Writ of Restitution | 2 Business Days |
Final Notice Period | 3-14 Calendar Days |
Flowchart of Washington D.C. Eviction Process
For additional questions about the eviction process in Washington D.C. please refer to the official legislation, DC Code §§42-3505.01 to 42-3505.08, §§42-3601 to 42-3610, §§16-1501 to 16-1505, and Superior Court Rules of Procedure for the Landlord and Tenant Branch, for more information.
Sources
- 1 DC Code § 42–3505.01 (2022)
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(b-1)(1) On or after October 12, 2021, a housing provider may recover possession of a rental unit for nonpayment of rent when the past due rent is equal to more than $600 and any of the following applies:
(A) The tenant fails to submit an emergency rental assistance application within 60 days of receiving a notice of past due rent;
(B) The tenant’s application for emergency rental assistance was denied, or the application was approved with a balance of equal to or greater than $600 remaining unpaid, and the tenant and housing provider have not established a rent payment plan pursuant to section 402 of the Coronavirus Support Temporary Amendment Act of 2021, effective June 24, 2021 (D.C. Law 24-9; D.C. Official Code § 42-3192.01) [Expired], within 14 days of the denial; or
(C) A tenant with a rent payment plan is at least $600 or 2 months behind on the terms of the payment plan, whichever is greater.
(2) Prior to filing a complaint with the Superior Court for nonpayment of rent, a housing provider shall send to the tenant a notice of past due rent, and the housing provider may not file a claim to recover possession of the rental unit less than 60 days after providing the tenant with the required notice.
- 2 DC Code § 42–3505.01 (2022)
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(a-1)(1) A housing provider shall provide the tenant with notice of the housing provider’s intent to file a claim against a tenant to recover possession of a rental unit for the non-payment of rent at least 30 days before filing the claim.
- 3 DC Code § 42–3505.31 (2022)
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(2) If the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease, after the day the rent payment is due…
(4) Evict a tenant on the basis of the nonpayment of a late fee…
(d) After the grace period established pursuant to subsection (b)(2) of this section, a housing provider may issue a tenant an invoice to be paid within 30 days after the date of issuance for any lawfully imposed late fees. If the tenant does not pay the late fee within the 30-day period, the housing provider may deduct from a tenant’s security deposit, at the end of the tenancy, any unpaid, lawfully imposed late fees, along with any other amounts lawfully due the housing provider.
- 4 DC Code §42-3505.01 (2019)
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(b) A housing provider may recover possession of a rental unit where the tenant is violating an obligation of tenancy and fails to correct the violation within 30 days after receiving from the housing provider a notice to correct the violation or vacate.
- 5 DC Code §42-3505.01 (2019)
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(g)(1) …for the purpose of immediately demolishing the housing accommodation in which the rental unit is located and replacing it with new construction…The housing provider shall serve on the tenant a 180-day notice to vacate…The notice to vacate shall…notify the tenant of the tenant’s right to relocation assistance…
- 6 DC Code §42-3505.01 (2019)
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(f)(1)(D) …shall serve on the tenant a 120-day notice to vacate…that shall: (i) Notify the tenant of the tenant’s…absolute right to reoccupy the rental unit, the right to reoccupy the rental unit at the same rate if…the alterations or renovations are necessary to bring the rental unit into substantial compliance with the housing regulations, and the right to relocation assistance…
- 7 DC Code §42-3505.01 (2019)
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(h)(1) A housing provider may recover possession of a rental unit for the purpose of immediate, substantial rehabilitation of the housing accommodation…The housing provider shall serve on the tenant a 120-day notice to vacate…The notice to vacate shall…notify the tenant of the tenant’s right to relocation assistance…
- 8 DC Code §42-3505.01 (2019)
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(i)(1) A housing provider may recover possession of a rental unit for the immediate purpose of discontinuing the housing use and occupancy of the rental unit so long as: (A) The housing provider serves on the tenant a 180-day notice to vacate… The notice to vacate shall…notify the tenant of the tenant’s right to relocation assistance…
- 9 DC Code §42-3505.01 (2019)
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(d)…may recover possession of a rental unit where the person seeks in good faith to recover possession of the rental unit for the person’s immediate and personal use and occupancy as a dwelling. The housing provider shall serve on the tenant a 90-day notice to vacate in advance of action to recover possession of the rental unit in instances arising under this subsection.
- 10 DC Code §42-3505.01 (2019)
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(e) A housing provider may recover possession of a rental unit where the housing provider has…contracted in writing to sell the rental unit…for the immediate and personal use and occupancy by another person…The housing provider shall serve on the tenant a 90-day notice to vacate in advance of the housing provider’s action to recover possession of the rental unit…
- 11 DC Code §42-3505.01 (2019)
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(j) In any case where the housing provider seeks to recover possession of a rental unit or housing accommodation to convert the rental unit or housing accommodation to a condominium or cooperative, notice to vacate shall be given according to § 42-3402.06(c).
- 12 DC Code §42-3505.01 (2019)
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(c) A housing provider may recover possession of a rental unit where a court of competent jurisdiction has determined that the tenant, or a person occupying the premises with or in addition to the tenant, has performed an illegal act within the rental unit or the housing accommodation. The housing provider shall serve on the tenant a 30-day notice to vacate…
- 13 DC Code § 42–3505.01 (2022)
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…no tenant shall be evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental agreement, so long as the tenant continues to pay the rent to which the housing provider is entitled for the rental unit…
- 14 DC Code § 42–3505.01a
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(a) A housing provider shall not remove an evicted tenant’s personal property from a rental unit except as provided in this section.
(b)(1) In addition to any notification from the United States Marshals Service (“Marshals”) to the tenant of the date of eviction, a housing provider shall deliver to the tenant a notice confirming the date of eviction not fewer than 21 days before the date of eviction by using the following methods:
- 15 DC Code § 42–3505.02 (2021)
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(b) In determining whether an action taken by a housing provider against a tenant is retaliatory action, the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant’s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider’s action, the tenant:
(1) Has made a witnessed oral or written request to the housing provider to make repairs which are necessary to bring the housing accommodation or the rental unit into compliance with the housing regulations;
(2) Contacted appropriate officials of the District government, either orally in the presence of a witness or in writing, concerning existing violations of the housing regulations in the rental unit the tenant occupies or pertaining to the housing accommodation in which the rental unit is located, or reported to the officials suspected violations which, if confirmed, would render the rental unit or housing accommodation in noncompliance with the housing regulations;
(3) Legally withheld all or part of the tenant’s rent after having given a reasonable notice to the housing provider, either orally in the presence of a witness or in writing, of a violation of the housing regulations;
(4) Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization;
(5) Made an effort to secure or enforce any of the tenant’s rights under the tenant’s lease or contract with the housing provider; or
(6) Brought legal action against the housing provider.
- 16 DC Code §16-1502 (2019)
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The summons provided for by section 16-1501 shall be served seven days, exclusive of Sundays, legal holidays, and the period of time for which the Mayor has declared a public health emergency pursuant to [§ 7-2304.01], before the day fixed for the trial of the action.
- 17 DC Code §42-3602 (2019)
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(b) A notice of the action shall be served upon the tenant or occupant and housing provider at least 5 days prior to a hearing.
- 18 DC Code §16-1502 (2019)
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…by delivering a copy…to the tenant, or by leaving a copy with some person above the age of sixteen years residing on…the premises…, and if no one is in actual possession of the premises…by posting a copy…where it may be conveniently read. If the summons is posted on the premises, a copy of the summons shall be mailed first class U.S. mail, postage prepaid…
- 19 DC Super. Ct L&T, Rule 11 (2019) (2019)
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(b)(5) If the case remains unresolved, the court must set a nonjury trial date, or in the case of a defendant wishing to request a jury trial under Rule 6, the court may continue the matter for 2 weeks for the filing of a verified answer …
- 20 DC Super. Ct L&T, Rule 16 (2019) (2019)
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(d) A money judgment may not be executed or enforced until 14 days after its entry…