Washington, D.C. landlords who plan to evict tenants need clear guidance on the eviction process and applicable laws. A solid understanding of the Washington, D.C. eviction process and laws helps landlords act confidently when rent goes unpaid or when lease terms break down.
This guide walks through every stage of the process, explains typical timelines, and highlights key landlord-tenant laws that shape how evictions work today.
How Washington, D.C. Law Defines Eviction
Eviction in Washington, D.C. refers to the legal process a landlord uses to remove a tenant from a rental property. The process must follow strict rules, including proper notice, a court filing, and a Judgment for Possession before the landlord can reclaim the unit.
Landlords can review the official eviction laws in the District of Columbia Code, found under D.C. Code Title 42, Chapter 35.
Eviction With Just Cause
Just cause in Washington, D.C. means a landlord must have a lawful and specific reason to end a tenancy. Landlords cannot evict tenants simply because a lease expires or for personal preference.
Landlords in Washington, D.C. may move forward with eviction only for reasons outlined in law. Acceptable causes include unpaid rent, lease violations, illegal activity, owner or family occupancy, major renovation, or demolition. Each action requires written notice, and landlords must follow the proper filing process before going to court.
For landlords, just cause rules create structure and help avoid legal setbacks. Keeping detailed records of rent payments, communication, and notices will strengthen any future eviction claim and show compliance with local requirements.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
No-Fault Evictions
Landlords in Washington, D.C. cannot remove tenants without just cause, even when a fixed-term lease ends and a tenant wants to renew. District law requires a valid legal reason for eviction, so a lease expiration alone does not justify removal. Landlords who plan to recover a unit for owner-occupancy, renovation, or demolition must meet strict legal requirements before proceeding.
For month-to-month tenants, the same rule applies. Washington, D.C. does not allow landlords to end a tenancy simply for convenience, even with proper notice. Every termination must fall under one of the approved just cause categories listed in District housing regulations.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
Grounds for Eviction in Washington, D.C.
Landlords in Washington, D.C. may remove tenants only for reasons recognized under District law, which include:
Non-Payment of Rent
Washington, D.C. law gives tenants a 5-day grace period after the rent due date before payment becomes late. If a tenant fails to pay after this period, the landlord can issue a Notice to Pay or Quit, giving the tenant one final chance to pay in full or leave the property.
Landlords should keep detailed rent records and copies of any notices delivered to the tenant. Accurate documentation will strengthen the landlord’s position if the case moves to court.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code § 42-3201
Lease Violations
A rental agreement sets the expectations for both landlords and tenants. When a tenant violates those terms, landlords in Washington, D.C. have the right to begin the eviction process based on the nature of the breach.
Common examples of lease violations include:
- A tenant who lists the property on short-term rental platforms without written permission.
- A tenant who installs an unauthorized appliance that causes water damage to nearby units.
- A tenant who continues to smoke in a non-smoking building after repeated warnings.
Lease agreements protect both parties by clarifying and enforcing responsibilities. Landlords and tenants should understand the agreement thoroughly to avoid disputes. A strong contract helps maintain order and reduces the chance of costly misunderstandings.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
Illegal Use of the Premises
Under Washington, D.C. law, landlords can evict tenants who use the property for illegal activity. For instance, if a tenant runs an unlicensed cannabis business, organizes gambling nights in the basement, sells stolen goods from the unit, or stores illegal weapons on the property, the landlord will have clear grounds to begin eviction.
Landlords should act quickly once illegal use is confirmed. Doing so protects the building’s safety, upholds community standards, and keeps the property fully compliant with District law.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
Tenant Actions that Threaten Health or Safety
Washington, D.C. law requires tenants to keep their rental units clean, safe, and in good repair. When a tenant creates unsafe or unsanitary conditions that threaten health or safety and refuses to correct them after proper notice, the landlord can start an eviction.
Common examples of health and safety violations in Washington, D.C. include:
- A tenant who disables smoke or carbon monoxide detectors after being told to keep them active.
- A renter who stores propane tanks or other flammable materials inside the property.
- An occupant who allows trash or food waste to build up, causing pest or mold problems.
Landlords should take photos, issue written notices, and keep a detailed record of each violation. If the tenant ignores those notices, landlords can rely on the District’s Warranty of Habitability and move forward with an eviction based on health or safety concerns.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
Destruction or Neglect of the Rental Unit
Landlords in Washington, D.C. can move forward with eviction if a tenant causes significant property damage or allows the unit to fall into serious disrepair. District law recognizes these situations as valid grounds for eviction when the damage extends beyond ordinary wear and tear.
Landlords should collect strong evidence, including photos, videos, repair estimates, and written statements from contractors or maintenance staff. Keeping organized inspection records and repair documentation will help prove the tenant’s responsibility and support the landlord’s case in court.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
Step-by-Step Eviction Process in Washington, D.C.
Landlords in Washington, D.C. must follow a strict legal process when removing a tenant from a rental property.
Here are the steps they must take:
1. Deliver Notice to the Tenant
The eviction process in Washington, D.C. starts when the landlord identifies a valid legal reason for removal and serves the correct notice. The type of notice depends on the issue, such as unpaid rent, a lease violation, or another just cause. For curable problems, the landlord must give the tenant enough time to fix the issue before moving forward with eviction.
Some violations, like illegal activity or actions that threaten health and safety, cannot be corrected. In these cases, the landlord may issue a non-curable notice that demands the tenant to vacate within a set timeframe. Every notice must comply with District law and be properly served by personal delivery, posting, or certified mail.
Notice Forms & Timelines
- 30-Day Notice to Pay or Quit: Used when a tenant fails to pay rent. Landlords must provide at least 30 days’ written notice before filing in court.
- 30-Day Notice to Cure or Vacate: Used for lease violations. Landlords must give tenants 30 days to fix the violation or move out.
- Immediate Notice to Vacate: Used for illegal activity or health and safety violations. May take effect immediately, depending on the severity of the violation.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends, or the tenant does not correct a curable violation, the landlord must file a Complaint for Possession with the Landlord and Tenant Branch of the Superior Court of the District of Columbia. This filing begins the formal court process and allows the landlord to present the case before a judge.
The landlord will need to pay a filing fee of $15 to $100, depending on the case type and any additional court costs. After the paperwork is submitted, the clerk will issue a summons and set a court date for the eviction hearing.
Applicable laws: D.C. Code § 42-3505.01, D.C. Code Chapter 35
3. Serve Court Summons Paperwork to the Tenant
Once the Washington, D.C. court clerk sets the eviction hearing date, the landlord will arrange for a process server, a qualified adult who is not involved in the case, or a U.S. Marshal to serve the tenant with the court summons and Complaint for Possession. These documents explain the details of the eviction claim and list the date, time, and location of the hearing. The process server will then complete a Certificate of Service, confirming that the paperwork was delivered in accordance with District law, and return it to the courts.
After receiving the summons, the tenant may file an Answer with the court to share their response before the hearing. Both the landlord and tenant will attend court on the scheduled date to present their cases and any supporting evidence.
Applicable laws: D.C. Code § 16-1502, D.C. Code § 42-3505.01
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and tenant, or their attorneys, will appear before a judge in the Landlord and Tenant Branch of the Superior Court of the District of Columbia. Each side will present its case by sharing documents, testimony, and other relevant evidence to support its claims. The judge will review all materials and ask questions to clarify key details.
During the hearing, the judge may request rent ledgers, copies of notices, communication records, photos, or witness statements. The court will evaluate all the information presented before proceeding to the next stage of the eviction process.
Applicable laws: D.C. Code § 16-1502, D.C. Code § 42-3505.01
5. Court Reaches a Ruling
After hearing both sides and reviewing all the evidence, the judge will make a ruling on the eviction case. In Washington, D.C., most decisions are made the same day as the hearing, but more complex cases may take a few extra days for review.
If the judge rules in favor of the tenant, they will keep possession of the property, and the case will end. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, giving the landlord the legal right to reclaim the rental unit. The tenant has the right to appeal the court’s decision within 30 days if they disagree with it.
Applicable laws: D.C. Code § 16-1503, D.C. Code § 42-3505.01
6. Judge Issues a Writ of Restitution
Once the judge issues a Judgment for possession, the landlord can obtain a Writ of Restitution from the courts. This document gives the landlord legal permission to retake possession of the rental property and authorizes the U.S. Marshals Service to remove the tenant if they fail to move out by the deadline. The writ acts as the tenant’s final notice to vacate before law enforcement steps in.
The court typically releases the writ a few days after the judgment. Once the writ becomes active, the landlord will work with the U.S. Marshals to schedule the eviction date.
Applicable laws: D.C. Code § 16-1505, D.C. Code § 42-3505.01
7. Law Enforcement Executes the Writ of Restitution
If the deadline passes and the tenant still has not moved out, the U.S. Marshals Service will enforce the eviction. In Washington, D.C., the Marshals are the only authority allowed to carry out an eviction under a Writ of Restitution. Once the court schedules the eviction, the Marshals will oversee the removal process and return control of the property to the landlord.
If the tenant leaves personal belongings behind, Washington, D.C. law does not require landlords to store or protect those items. After the Marshals complete the eviction, the landlord may decide how to handle the abandoned property in accordance with their own policies.
Applicable laws: D.C. Code § 16-1505, D.C. Code § 42-3505.01
Tenant Defense Against Eviction in Washington, D.C.
An eviction can affect many aspects of a tenant’s life, from housing stability to future rental prospects. While it can create serious challenges, tenants in Washington, D.C. have strong protections and several ways to defend themselves during an eviction case.
By paying overdue rent quickly, working out a repayment plan, or documenting repair issues that affect the rental’s habitability, tenants can often resolve issues before they escalate. Maintaining records of payments, repair requests, and communications also helps ensure both sides have clear documentation if the dispute continues.
For tenants who need help, several organizations in Washington, D.C. offer free or affordable legal assistance. Groups like the Legal Aid Society of the District of Columbia and the DC Bar Pro Bono Center help tenants understand their rights and respond effectively to eviction proceedings.
Timelines to Expect
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 the Washington D.C. Eviction Process
Typical 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 and Execution | $213 |
| Notice of Appeal Filing (Optional) | $100 |
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