A Washington D.C. eviction notice form for non-compliance is a written document that states a tenant has 30 days to correct the violation or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Washington D.C.
Types of Washington D.C. Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 60-Day | Yes |
Lease Violation | 30-Day | Yes |
Renovation | 120-Day | Maybe |
Demolition | 180-Day | No |
Personal Use | 90-Day | No |
Discontinuous Use | 180-Day | No |
Sale | 90-Day | No |
Illegal Activity | 30-Day | No |
60-Day Notice to Pay (Nonpayment of Rent)
In Washington D.C., a landlord can evict a tenant for not paying rent on time. Through October 7, 2022, Washington D.C. has an Emergency Rental Assistance Program in place and a landlord may not evict a tenant unless the past due rent is more than $600.
If the past due rent is more than $600, a landlord must issue a 60 days’ notice to pay or vacate. The tenant has the option to pay rent, file for emergency rental assistance (eligibility requirements are based on the household’s income), or the tenant must move out.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Washington D.C. on the fifth day after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the sixth of the month (if not paid in full).
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
30-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Washington D.C., if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Washington D.C., landlords must provide tenants with a 30-Day Notice to Comply, giving the tenant 30 days to correct the issue to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
Note that illegal activity is not included in this category.
If the tenant fails to correct the issue after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 30-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
120-Day Notice to Vacate (Renovation of Rental Unit)
If a Washington D.C., landlord wants to renovate a property, and they plan to move tenants out during the renovation, whether it’s just one room, or the entire property, landlords are required to give tenants 120 days’ written notice to vacate the rental unit.
The notice should include:
- The tenant’s right to return to the rental unit once renovations are complete;
- The tenant’s right to re-rent the unit at the same rate if the renovations were required to bring the unit up to current code; and
- The tenant’s right to receive relocation assistance.
This also includes substantial renovations.
Get the downloadable 120-Day Eviction Notice for Renovation of Rental Unit form template below (.pdf direct link).
180-Day Notice to Quit (Demolition of Rental Unit)
If a Washington D.C., landlord wants to demolish a rental property and rebuild it, the landlord is required to give tenants at least 180 days’ written notice.
The notice must include the fact that the tenant has a right to receive relocation assistance.
Get the downloadable 180-Day Eviction Notice for Demolition form template below (.pdf direct link).
90-Day Notice to Quit (Personal Use of Rental Unit)
If the landlord or owner decides that they no longer want to rent out the unit, and instead want to live in the rental unit or property themselves, then the landlord must give their tenant 90 days’ written notice to vacate the rental unit.
The notice should include the date the tenancy will terminate.
Get the downloadable 90-Day Eviction Notice for Owner’s Personal Use form template below (.pdf direct link).
180-Day Notice to Quit (Discontinuance of Use)
If the landlord or owner decides that they no longer want to rent out the rental property, and the property is going to sit unused, then the landlord must give their tenant 180 days’ written notice to vacate the rental unit.
The notice should include the date the tenancy will terminate.
Get the downloadable 180-Day Eviction Notice for Discontinuance of Use form template below (.pdf direct link).
90-Day Notice to Quit (Sale of Rental Property)
If the rental property is sold, landlords are required to provide their tenants with 90 days’ written notice if the tenants are being evicted because of the sale.
The notice should include the date the tenancy will terminate.
Get the downloadable 90-Day Eviction Notice for Sale of Rental Property form template below (.pdf direct link).
30-Day Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity must be given 30 days’ written notice before the landlord can proceed with an eviction action.
Washington D.C., code doesn’t specify which illegal acts will get a tenant evicted.
In these instances, tenants don’t have the option of correcting the issue to avoid eviction.
The notice should include the date the tenancy will terminate.
Get the downloadable 30-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Washington D.C. Eviction Notices
Washington D.C., landlords are expected to provide some basic information on all eviction notices, including:
- The reason for the eviction; and
- A statement indicating that the rental unit is registered with the Rent Administrator, if it’s required to be registered under D.C. law.
It’s also a good idea to include:
- The date the tenancy will terminate; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Washington D.C.
In Washington D.C., landlords can deliver an eviction notice through the following methods:
- Delivering it to the tenant in person;
- Leaving a copy with someone of suitable age at the rental unit if the tenant cannot be found; or
- Posting the notice in a conspicuous place at the rental unit AND mailing a copy to the tenant via first class mail if no one can be found at the rental unit.
For rental units that are required to be registered with the Rent Administrator, the eviction notice must be served on the Rent Administrator as well as the tenant.
In addition, every eviction notice must be served on the tenant in both English and Spanish.
Eviction Process in Washington D.C.
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, the complaint is filed and served.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Washington D.C., click here.
Sources
- 1 DC Code § 42–3505.01 (2022)
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(b-1)(1) On or after October 12, 2021, a housing provider may recover possession of a rental unit for nonpayment of rent when the past due rent is equal to more than $600 and any of the following applies:
(A) The tenant fails to submit an emergency rental assistance application within 60 days of receiving a notice of past due rent;
(B) The tenant’s application for emergency rental assistance was denied, or the application was approved with a balance of equal to or greater than $600 remaining unpaid, and the tenant and housing provider have not established a rent payment plan pursuant to section 402 of the Coronavirus Support Temporary Amendment Act of 2021, effective June 24, 2021 (D.C. Law 24-9; D.C. Official Code § 42-3192.01) [Expired], within 14 days of the denial; or
(C) A tenant with a rent payment plan is at least $600 or 2 months behind on the terms of the payment plan, whichever is greater.
(2) Prior to filing a complaint with the Superior Court for nonpayment of rent, a housing provider shall send to the tenant a notice of past due rent, and the housing provider may not file a claim to recover possession of the rental unit less than 60 days after providing the tenant with the required notice.
- 2 DC Code §42-3505.01 (2019)
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(b) A housing provider may recover possession of a rental unit where the tenant is violating an obligation of tenancy and fails to correct the violation within 30 days after receiving from the housing provider a notice to correct the violation or vacate.
- 3 DC Code §42-3505.01 (2019)
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(a)… All notices to vacate shall contain a statement detailing the reasons for the eviction, and if the housing accommodation is required to be registered by this chapter, a statement that the housing accommodation is registered with the Rent Administrator.
- 4 DC Code §42-3203 (2019)
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…shall be served in English and Spanish upon him personally, if he can be found, and if he cannot be found…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…If the notice is posted on the premises, a copy of the notice shall be mailed first class U.S. mail…
- 5 DC Code §42-3505.01 (2019)
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(a) …Notices to vacate for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator…
- 6 DC Code §42-3505.01 (2019)
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(a) …No tenant shall be evicted from a rental unit for any reason other than for nonpayment of rent unless the tenant has been served with a written notice to vacate which meets the requirements of this section…
- 7 DC Code §42-3505.01 (2019)
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(f)(1)(D) …shall serve on the tenant a 120-day notice to vacate…that shall: (i) Notify the tenant of the tenant’s…absolute right to reoccupy the rental unit, the right to reoccupy the rental unit at the same rate if…the alterations or renovations are necessary to bring the rental unit into substantial compliance with the housing regulations, and the right to relocation assistance…
- 8 DC Code §42-3505.01 (2019)
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(h)(1) A housing provider may recover possession of a rental unit for the purpose of immediate, substantial rehabilitation of the housing accommodation…The housing provider shall serve on the tenant a 120-day notice to vacate…The notice to vacate shall… notify the tenant of the tenant’s right to relocation assistance…
- 9 DC Code §42-3505.01 (2019)
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(g)(1) …for the purpose of immediately demolishing the housing accommodation in which the rental unit is located and replacing it with new construction…The housing provider shall serve on the tenant a 180-day notice to vacate…The notice to vacate shall…notify the tenant of the tenant’s right to relocation assistance…
- 10 DC Code §42-3505.01 (2019)
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(d) …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.
- 11 DC Code §42-3505.01 (2019)
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(i)(1) A housing provider may recover possession of a rental unit for the immediate purpose of discontinuing the housing use and occupancy of the rental unit so long as: (A) The housing provider serves on the tenant a 180-day notice to vacate…The notice to vacate shall…notify the tenant of the tenant’s right to relocation assistance…
- 12 DC Code §42-3505.01 (2019)
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(e) A housing provider may recover possession of a rental unit where the housing provider has…contracted in writing to sell the rental unit…for the immediate and personal use and occupancy by another person…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…
- 13 DC Code §42-3505.01 (2019)
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(c) A housing provider may recover possession of a rental unit where a court of competent jurisdiction has determined that the tenant, or a person occupying the premises with or in addition to the tenant, has performed an illegal act within the rental unit or the housing accommodation. The housing provider shall serve on the tenant a 30-day notice to vacate…