Washington D.C. 120 Day Notice To Vacate

Last Updated: April 3, 2024 by Roberto Valenzuela

A Washington D.C. 120 Day Notice To Vacate is a letter which complies with local legal requirements to terminate a rental agreement due to a substantial rehabilitation or condo conversion. The tenant must receive notice at least one hundred twenty (120) calendar days before the specified date of termination.

When To Use a Washington D.C. 120 Day Notice To Vacate

Washington D.C. landlords may use a 120-Day Notice To Vacate to terminate a rental agreement due to a substantial rehabilitation of the premises or condo conversion. To use this form of notice, a landlord must provide the following information to obtain approval from the Rent Administrator or Chief Tenant Advocate:

  • Notification of renovation to all tenants, including:
    • 120 Day Notice To Vacate
    • Notice that tenants have first right to reoccupy the renovated unit(s)
    • Renovation plan
    • Project timeline
    • Relocation plan and relocation assistance amount for each eligible tenant
  • Department of Buildings inspection report checking the accuracy of the landlord’s renovation plan

How To Write a Washington D.C. 120 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

    1. Use the full name of the receiving parties, and address of record, if known
    2. Specify the basis for terminating the tenancy
    3. Specify the termination date of the lease or tenancy
    4. Fill in the full address of the rental premises
    5. Provide updated/current address and phone number information
    6. Print name and sign the notice
    7. 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 Serve a Washington D.C. 120 Day Notice To Vacate

    Washington D.C. landlords may deliver an initial Notice To Vacate using any of these methods:

    1. Hand delivery to the tenant
    2. 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
    3. 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.

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