A Washington D.C. eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Washington D.C. landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Washington D.C. Eviction Notice Forms
Notice Form | Grounds | Curable? |
30 Day Notice To Quit | Unpaid Rent | Yes |
30 Day Notice To Comply or Vacate | Lease Violation | Yes |
30 Day Notice of Termination | Illegal Activity | No |
30 Day Notice To Vacate | End of / No Lease | No |
Eviction requires the landlord to provide a current business license (or relevant waiver) to the court at the time of filing a writ of restitution. The landlord must also serve any eviction or termination notice other than for nonpayment of rent to the Rent Administrator as well as to the tenant.
Washington D.C. 30 Day Notice To Quit
A Washington D.C. 30 Day Notice To Quit evicts a tenant for nonpayment of rent, when the amount owed is $600 or more. The tenant must pay all past due rent or else move out within thirty (30) calendar days.
Washington D.C. 30 Day Notice To Comply or Vacate
A Washington D.C. 30 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action, or else move out within thirty (30) calendar days of receiving notice.
Washington D.C. 30 Day Notice of Termination
A Washington D.C. 30 Day Notice of Termination evicts a tenant for committing illegal activity on the premises. The tenant is not given an opportunity to take corrective action, and must move out within thirty (30) calendar days of receiving notice.
Washington D.C. 30 Day Notice To Vacate
A Washington D.C. 30 Day Notice To Vacate terminates a tenancy at will, a periodic tenancy (i.e. week-to-week or month-to-month) or a fixed term lease, as well an expired lease or a situation with no written lease. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
How To Write an Eviction Notice in Washington D.C.
To help ensure the legal compliance of an eviction notice:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis for terminating the tenancy, and corrective action necessary, if applicable
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Calculate Expiration Date in Washington D.C.
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
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.
Sources
- 1 DC Code § 42–3505.01
-
No tenant shall be evicted from a rental unit unless the housing provider provides documentation to the court at the time of filing a writ of restitution demonstrating that the housing provider has a current business license for rental housing issued pursuant to § 47-2828(c)(1), unless the court waived the license requirement.
Source Link - 2 DC Code § 42–3505.01
-
Notices for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator.
Source Link - 3 Washington D.C. Court Rules of Civil Procedure - Rule 6
-
Rule 6. Time (a) Computation. In computing any period of time specified by these Rules, or by Court order, or by any applicable statute, the following shall apply: (1) Computation of the specified time period shall begin on the day after the operative act, event, or default; (2) The last day of the specified time period shall be included in the computation unless: (A) it is a Saturday, Sunday, or legal holiday; or (B) the act to be done is the filing of a paper in Court, and the last day of the specified time period is a business day when the office of the Clerk is closed for all or part of the day. If the last day is one specified under subparagraph (A) or (B) above, then the time period extends until the end of the next day which is not so specified; (3) When the specified time period is 10 days or fewer, Saturdays, Sundays, and legal holidays within that time period shall not be included in the computation. Accordingly, for the purposes of these Rules, periods of 10 days or fewer shall be computed by business days and periods over 10 days shall be computed by consecutive calendar days.
Source Link - 4 D.C. Code § 42-3206
-
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.
- 5 Sup. Ct. R. D.C. 6(c)
-
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 - 6 D.C. Code § 42-3505.01(a)(4)
-
(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 - 7 D.C. Code § 42-3505.01(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; 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