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 lease terms
- Committing illegal activity on the premises
Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 30 Days | Yes |
| Lease Violations | 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 |
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. if not paid within 5 days of the due date.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice. However, Washington D.C. does not allow filing for eviction when the amount of rent past due is less than $600. The landlord must recover such smaller amounts through other means, such as a lawsuit in small claims court.
If rent is due on November 1st, it will be considered late starting on November 6th, unless the lease specifically states there is a grace period.
Lease Violations
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.
Lease violations include:
- Failing to maintain the premises in a clean and safe manner
- Not disposing of all garbage in a clean, safe and sanitary manner
- Having an unauthorized pet or guest
- Parking in an unauthorized area
Demolition of 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.
Renovation of 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.
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.
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.
Substantial Rehabilitation to 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.
Discontinuance of Use of Rental Unit
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.
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.
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.
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.
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.
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., there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay fees such as reasonable attorney’s fees.
“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.
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
Steps of the eviction process in Washington D.C.:
- Landlord serves tenant a written notice of violations
- Landlord files complaint with court due to unresolved violations
- Court holds a hearing and issues judgment
- Writ of restitution is issued
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
How To Serve an Eviction Notice 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.
Landlords should 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., AND the amount owed is $600 or more, the landlord can serve them a 30-Day Notice To Quit. This eviction notice gives the tenant 30 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 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 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 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
If the notice period ends and the tenant remains on the property, the next step in the eviction process allows the landlord to file a complaint and summons with the court. The proper jurisdiction will be in the county in which the property is located. The cost is $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.
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
- Posting a copy in a conspicuous place on the rental unit AND mailing a copy to the tenant via first class mail
Step 3: Court Holds Hearing and 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 14 days 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 14 days to the process.
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 14 days 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 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 2 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
Washington D.C. Eviction Court Fees
The cost of an eviction in Washington D.C. for all filing, court, and service fees can vary based on service fees. Eviction cases can be filed in the Civil Division, Landlord and Tenant Branch of the Superior Court, the average cost is $264.
| Fee | Superior |
| Initial Court Filing | $35 |
| Summons Service | ~$16 |
| Jury Demand (Optional) | $75 |
| Counterclaim (Optional) | $10 |
| Writ of Restitution Issuance & Execution | $213 |
| Notice of Appeal Filing (Optional) | $100 |
Sources
- 1 D.C. Code § 42-3505.01(a-1)(1)
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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; except, that the housing provider shall not issue such notice if the amount of rent that the tenant has failed to pay is less than $600.
Source Link - 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 (2021)
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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…
- 21 D.C. Code § 42-3206
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Source Link
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.
- 22 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 - 23 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
