Washington D.C. 90 Day Notice to Vacate

A Washington D.C. 90 Day Notice To Vacate is a letter which complies with local legal requirements to terminate a rental agreement due to the sale of property, or when the landlord plans personally to occupy the premises. The tenant must receive notice at least ninety (90) calendar days before the specified date of termination.

When To Use a Washington D.C. 90 Day Notice To Vacate

A Washington D.C. 90-Day Notice To Vacate ends a rental agreement when the premises are sold, or when the landlord or landlord’s immediate family will occupy the premises.

How To Write a Washington D.C. 90 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 basis for terminating the tenancy
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. 90 Day Notice to Vacate

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: A housing provider may recover possession of a rental unit where the housing provider has in good faith contracted in writing to sell the rental unit or the housing accommodation in which the unit is located for the immediate and personal use and occupancy by another person, so long as the housing provider has notified the tenant in writing of the tenant’s right and opportunity to purchase as provided in Chapter 34 of this title. 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. No person shall demand or receive rent for any rental unit which has been repossessed under this subsection during the 12-month period beginning on the date on which the rental unit was originally repossessed by the housing provider.

A natural person with a freehold interest in the rental unit 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. No housing provider shall demand or receive rent for any rental unit which the housing provider has repossessed under this subsection during the 12-month period beginning on the date the housing provider recovered possession of the rental unit. A stockholder of a cooperative housing association with a right of possession in a rental unit may exercise the rights of a natural person with a freehold interest under this subsection.
Source Link
2 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.

Source Link
3 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
4 D.C. Code § 42-3505.01(a)(1) - (a)(3): (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