A Washington D.C. 30 Day Notice To Vacate is a letter that complies with local legal requirements to terminate a periodic tenancy (e.g., week-to-week or month-to-month), a fixed term lease, or a tenancy at will. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a Washington D.C. 30 Day Notice To Vacate
A landlord or a tenant may use a Washington D.C. 30 Day Notice to Vacate to terminate a tenancy at will, a periodic tenancy (i.e. week-to-week or month-to-month) or a fixed term lease. This letter may also be used if the tenants have no written lease or for tenants with an expired lease.
A Washington D.C. 30 Day Notice To Vacate terminates the following types of tenancy:
- A tenancy at will
- Any periodic tenancy (e.g., week-to-week or month-to-month)
- A fixed-term lease
- An expired lease
- A rental with no written lease
Some types of Washington D.C. lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Washington D.C. 30 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- 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 Serve a Washington D.C. 30 Day Notice To Vacate
Washington D.C. landlords and tenants may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party
- Only if the other party cannot be found: Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party
- Only if all forms of hand delivery fail: Posting the notice on the property, 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 § 42–3202
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A residential tenancy may be terminated by a 30-day notice in writing only from the tenant to the housing provider of the tenant’s intention to quit. The notice shall expire on the first day of the first month at least 30 days after the date of the notice.
Source Link - 2 DC Code § 42–3203
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A tenancy at will may be terminated by 30 days notice in writing by either landlord or tenant.
Source Link - 3 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.
- 4 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 - 5 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