Washington, DC Eviction Process

How to Evict a Tenant in Washington, DC (5 Steps)

Step 1: Submit an Eviction Notice

Landlords should carefully follow Title 16, Chapter 15 and Title 42, Chapter 35, Subchapter V of the Code of the District of Columbia to ensure that they follow those eviction laws and requirements.

The type of notice will depend on why the landlord intends to evict the tenant. There are several options for delivering an initial eviction notice:

• Hand delivery to the tenant.
• If the tenant is unavailable, hand delivery to a responsible person on the premises.
• If hand delivery isn’t possible, post the notice on the premises, followed by mailing it within three calendar days.

Mailed notices extend the notice period by three calendar days to accommodate delivery variations.

If the landlord knows that the tenant’s primary language is something other than English, the landlord must submit the notice in the tenant’s primary language in order for the court to consider it valid.

Step 2: File an Eviction Lawsuit

If the tenant does not leave the property or remedy the violation laid out by the notice, the landlord may file a Verified Complaint with the court. This includes cases in which the period granted by the eviction notice has expired, but the tenant has not moved out of the property.

The Verified Complaint needs to be filed with the D.C. Superior Court. It should include all relevant information, including the lease agreement, the address of the rental unit, and all information about the eviction.

The required form varies based on the reason for eviction:

• Form 1A is for nonpayment of rent.
• Form 1B is for violations of tenancy obligations or other grounds.
• Form 1C is for nonpayment combined with other grounds.

Additionally, landlords must pay a $15 filing fee.

Step 3: Serve the Summons and Complaint

The court will issue a summons to the tenant, notifying them of the date when they need to appear in court. The summons must be served by a competent person over the age of 18 who is not one of the parties in the case. Then, the server must submit a Declaration of Service to the court at least five days before the hearing date. According to D.C. Code § 16-1502, service options include:

• Delivering the notice directly to the tenant.
• Delivering the notice to a resident of the unit 16 years of age or older.
• Placing a copy on the premises and submitting the notice via certified mail.

If the tenant wants a jury trial, they must submit an Answer to the Defendant and submit it to the court.

Step 4: Attend Court Hearing

Both parties will have the opportunity to present their cases to the judge and/or jury. If the landlord wins, the court will issue a Writ of Restitution that authorizes the tenant’s removal from the premises.

The Writ of Restitution allows at least two days after that final judgment before it goes into effect.

Step 5: Remove the Tenant

In DC, the U.S. Marshals Service evicts tenants. Once they post the Writ of Restitution, the tenant is given three days’ notice to move out. If the tenant does not move out within that period, the U.S. Marshals Service will arrive to forcibly remove them from the premises and restore possession of the property.

The landlord is responsible for a total fee of $213, which covers the issuance of the writ, administrative expenses, and execution by the U.S. Marshals Office.

Eviction Reasons

Landlords are legally required to have a valid cause to evict a tenant for only one of ten specific statutory reasons.

Notice for Termination With Cause

Evicting a tenant before the expiration of the lease term involves issues such as:

• Failing to pay rent in a timely manner.
• Violating the lease agreement.
• Illegal actions.

1. For Late Rent Payment

Overview:

• The 30-day notice should be used when the tenant is behind on rent.
• D.C. Code § 42-3505.01 mandates a five-day grace period for the tenant to catch up on rent before the landlord can send out the notice.
• This period includes weekends and holidays; however, no evictions are scheduled on weekends or holidays.

2. For Noncompliance

Overview:

• D.C. Code § 42-3505.01b outlines that a notice should be sent out when the tenant fails to follow the terms of the rental agreement.
• This notice provides the tenant 30 days to fix the lease violation or move out of the property.

3. For Illegal Activity

Overview:

• According to the terms of D.C. Code § 42-3505.01c, an eviction notice for illegal activity is sent when a tenant has engaged in criminal acts on the property or allowed it to happen with their full knowledge.
• This notice provides 30 days for the tenant to vacate the premises.

4. If the Landlord Is Moving Into the Property

Overview:

• This notice gives the tenant 90 days to move out, given that the landlord intends to move into the property and use it as their primary residence.
• A landlord who takes possession of a property by filing an eviction notice on the grounds of moving into the property cannot collect rent for that dwelling for at least 12 months.

5. If the Landlord Is Selling the Property

Overview:

• If the landlord sells the property to another party who does not intend to use it as a rental unit, they can send a notice to vacate, letting the tenant know they must move.
• The notice allows the tenant 90 days to move out of the property.
• Under D.C. Code § 42-3404, the landlord must give the tenant the first right of refusal before choosing to sell the property.

6. If the Landlord Renovates the Property

Overview:

• Landlords can issue immediate notices to vacate if they need to make renovations or rehabilitations that can’t be done safely while the unit is occupied.
• Before doing so, they must submit renovation plans to the rent administrator and chief tenant advocate. The notice informs the tenants of the renovations and requires them to vacate within 120 days.
• Tenants then have 21 days to submit a complaint if they believe the modifications would mean extreme disruption in their lives.
• If the tenants leave, renovations must start within 120 days, and after completion, they can return unless they’ve waived that right in writing.

7. If the Landlord Discontinues the Property

Overview:

• Landlords can evict tenants if they decide to stop renting out or demolish the property.
• Tenants are given 180 days’ notice, and if they remain after that period, landlords can proceed with eviction.
• For demolitions, landlords must provide the Rent Administrator with a copy of the permit and inform tenants of their right to relocation assistance.

8. Terminating a Month-to-Month Rental Agreement

Overview:

• Under D.C. Code § 42-3202, a notice to quit for a month-to-month rental agreement allows tenants 30 days to vacate the property when the landlord decides not to continue the lease.
• The 30-day period includes weekends and holidays; however, evictions are not conducted on those days.

Eviction Timeline

Tenant Rights in Washington, DC

Tenants have specific rights protected under state law. Landlords must take those rights into account during the eviction process, or they can face civil repercussions.

Self-Help Evictions

A self-help eviction occurs when a landlord attempts to remove a tenant from the premises without going through the full legal process. They may try to push a self-help eviction by:

• Turning off water or electricity on the property.
• Changing the locks.
• Removing the tenant’s possessions from the premises.

No tenant can be evicted from a property without adequate written notice. Furthermore, tenants have time to remedy any potential lease violations and get back in good standing with the landlord when relevant. Landlords should follow the full legal process for eviction rather than trying to evict a tenant on their own.

Retaliatory Evictions:

Landlords are prohibited from evicting tenants in response to their exercise of legally protected rights, which include:

• Verbally or in writing addressing habitability concerns to the landlord.
• Reporting housing violations to DC officials.
• Withholding rent, after notifying the landlord of noncompliance.
• Participating in a tenant’s union or organization.
• Pursuing legal remedies for habitability issues.
• Initiating legal action against the landlord.

Abandoned Property

Sometimes, tenants do not remove all of their property from the premises following an eviction. According to D. C. Code § 42–3210.01, once the eviction is finalized and the locks have been changed in the presence of a U.S. Marshal, the landlord has the right to dispose of the abandoned property as they see fit.

If the landlord sells any of the abandoned property, the funds should be applied to the tenant’s debt, including any outstanding rent or costs the landlord has incurred during the eviction process. The landlord should then forward any remaining funds to the tenant.

Resources

• DC Courts Landlord & Tenant Resource Center: Handles all actions for the possession of real property.
• Protective Order Information Sheet: Being used when either a tenant or landlord needs to file a protection order against the other.
• U.S. Marshals Service website: Offers guidance for landlords on eviction scheduling and related procedures and regulations.
• Landlord Tenant Matters Forms: Provides downloadable versions of the various forms landlords may need.