Notify tenant of eviction in District of Columbia: District of Columbia Eviction Notice
What we’ll cover
What is a Washington DC Eviction Notice or Notice to Quit?
If you own or manage residential property in the District of Columbia, you can create a D.C. Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With District of Columbia Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for D.C. can be used for residential property within the nation’s capital. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
Get started making your District of Columbia Eviction Notice now!
When to use a District of Columbia Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample District of Columbia Eviction Notice
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30 DAY NONPAYMENT NOTICE TO QUIT
SERVICE DATE: _______________
Washington, D.C.
Dear Tenant,
This Notice is being sent to you pursuant to D.C. Code Title 42 Chapter 32 for your failure to pay rent as follows:
Failure to pay the rent of since , and late charges in the amount of violates paragraph(s) numbered of the lease, any lawful Rules and Regulations incorporated into your lease (including the Act and its regulations)
Also, you will be liable for any damages arising from your continuing use and occupancy of the Rental Unit if you fail to vacate by the date specified in this notice and for any other claims of any type for damages which may arise out of any provision of the lease agreement.
This Rental Unit is registered with the Rental Accommodations Division. The Housing Provider's Registration/Exemption Number is ,
TO WIT:
I, , been first duly sworn according to law, depose and state as follows:
(1) I am record owner of , , D.C. .
(2) I am currently leasing the Housing Accommodation or Rental Unit to .
(3) I intend to occupy and use this Housing Accommodation or Rental Unit for my own personal use and occupancy as a dwelling immediately, but not later than, ____ business days from the date of this Affidavit.
(4) Upon recovery of the Housing Accommodation or Rental Unit from the Tenant, I will not demand or receive rent from the Tenant during the twelve (12) month period beginning on the date of recovery of possession of the Housing Accommodation or Rental Unit.
(5) If I fail for any reason to regain possession and occupy said Housing Accommodation or Rental Unit within ____ business days from the date of this Affidavit, I shall notify the Rental Accommodations Division immediately.
| Owner's Business Address (No P.O. Box) |
| /signed_________________________ |
| , |
| , |
Subscribed and Sworn to before me this ________ day of ________________, 20__.
_____________________________ My Commission Expires (date): ______________
Notary Public Signature
TO WIT:
I, , been first duly sworn according to law, depose and state as follows:
Pursuant to Section 501(e) of the Rental Housing Act of 1985, as amended (Act), codified at D.C. OFFICIAL CODE § 42-3505.01(e) (Supp. 2008):
(1) I am record owner of , , D.C. .
(2) I am currently leasing the Housing Accomodation or Rental Unit to .
(3) The Tenant identified in the attached Section 501(e) Notice under D.C. OFFICIAL CODE § 42-3505.01(e) (Supp. 2008) has been provided the first right to purchase the subject housing accommodation pursuant to the D.C. OFFICIAL CODE §§ 42-3401 et seq. (Supp. 2008) and has not chosen to exercise their right in accordance with D.C. OFFICIAL CODE §§ 42-3401 et seq. (Supp. 2008).
(4) If I fail for any reason to sell said Housing Accommodation or Rental Unit to the Contract Purchaser within ____ business days from the date of this Affidavit, I shall notify the Rental Accommodations Division immediately.
| Owner's Business Address (No P.O. Box) |
| /signed_________________________ |
| , |
| , |
Subscribed and Sworn to before me this ________ day of ________________, 20__.
_____________________________ My Commission Expires (date): ______________
Notary Public Signature
NOTE: This affidavit must be completed and signed by the Contract Purchaser when the Notice to Vacate is issued pursuant to Section 501(e) of the Act, codified at D.C. OFFICIAL CODE § 42-3505.01(e) (Supp. 2008).
CONTRACT PURCHASER'S AFFIDAVIT
,
I, , having been first duly sworn according to law, depose and state as follows pursuant to Section 501(e) of the Rental Housing Act of 1985, as amended (Act), codified at D.C. OFFICIAL CODE § 42-3505.01(e) (Supp. 2008):
(1) I am the Contract Purchaser of , , D.C. .
(2) The seller of the Housing Accommodation or Rental Unit is .
(3) As the Contract Purchaser, I intend to occupy and to use this Housing Accommodation or Rental Unit for my personal use and occupancy as a dwelling.
| Contract Purchaser's Business Address |
| (No P.O. Box) |
| /signed_________________________ |
| , |
| Contract Purchaser's Phone and E-mail |
| , |
Subscribed and Sworn to before me this ________ day of ________________, 20__.
_____________________________ My Commission Expires (date): ______________
Notary Public Signature
TO WIT:
I, , been first duly sworn according to law, depose and state as follows:
(1) I am record owner of , , D.C. .
(2) I am currently leasing the Housing Accommodation or Rental Unit to .
(3) The tenant(s) of the Housing Accommodation or Rental Unit is/are also identified in the attached one hundred and twenty (120) day Notice to Vacate for Renovations or Alterations pursuant to Section 501(f) of the District of Columbia Rental Housing Act of 1985, as amended (Act) and codified as D.C. OFFICIAL CODE § 42-3505.01(f) (Supp. 2008).
(4) The renovations or alterations petition regarding said Housing Accommodation or Rental Unit has been approved by the Rent Administrator.
(5) If I fail for any reason to complete renovations or alterations to said Housing Accommodation or Rental Unit according to the aforementioned substantial rehabilitation petition, I shall notify Rental Accommodations Division immediately.
| Owner's Business Address (No P.O. Box) |
| /signed_________________________ |
| , |
| , |
Subscribed and Sworn to before me this ________ day of ________________, 20__.
_____________________________ My Commission Expires (date): ______________
Notary Public Signature
Checklist
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Find out next steps for your document
___Sign this document. The Eviction Notice needs to be signed by:
s
___Serve this document. A copy of the Eviction Notice needs to be served on each tenant or adult occupant by you or some other person who is at least 18 years old. The process server will fill out and sign the last page of the document after they have served it. You can hire a professional process server, but you are not required to. If you do not serve the Notice correctly, then the Court may dismiss your case.
___Everyone gets a copy. Anyone being evicted by the Eviction Notice should receive their own copy of the signed document. The Landlord should keep a copy of the notice served as potential evidence in court.
Important Details
There are four ways that you may give the Notice to your Tenant(s):
1. Personally: You may hand the Notice directly to the Tenant(s). This is the best way to make sure that the Tenant gets the Notice. If there is more than one Tenant, you must give each Tenant his or her own Notice.
2. Substitute: If the Tenant is not at home, you may hand the Notice to some other person who lives in the property. If there is more than one Tenant, you may give one of the Tenants copies for all of the other Tenants. Make sure that you leave enough copies for each Tenant.
If you serve the Tenant(s) this way, make sure that the person you give the Notice to is at least 16 years old. If you are not sure whether the person you are talking to is old enough or lives in the property, you may want to try again at another time.
3. Posting and mailing: If you have tried Number 1 (personal service) and Number 2 (substitute service) but you have been unable to find anyone you can give the Notice to, then you are allowed to post the Notice on the door of the property and mail a copy to the Tenant.
Before you are allowed to use posting and mailing, you must make a genuine effort to find the Tenant at home and to serve the Tenant with the Notice in person. Usually, this means going to the property on at least two different days and during at least two parts of the day. For example, if you try once during normal working hours, you may want to try again on a different day, either before or after working hours or during the weekend. If you know the Tenant's schedule, you should go to the property when you think the Tenant or Occupant will be at home.
If you serve the Notice by posting and mailing, you must post enough copies of the Notice for each Tenant, and you must mail copies to each Tenant. You must mail the copies within three (3) calendar days after you post it on the door. You cannot mail the Notice before you post it. You must use regular, first-class mail, not certified or registered mail.
Posting means taping or tacking the Notice to the door of the property. It is not valid service to slide the Notice under the door, place it in the mailbox, or enter the property and leave it inside. If there is more than one unit in the building, the Notice must be posted on the door to the room or unit occupied by the Tenant who is being evicted. Do not post the Notice on the front door of a building with more than one apartment or on the front door of house if the Tenant is renting a single room.
4. Certified Mail: You may send the Notice by certified mail. If you use certified mail, the Tenant must sign for the Notice him or herself. If someone other than the Tenant signs for the Notice, you will have to send the Notice again until the Tenant actually signs for it or use some other way of delivering the Notice (see Numbers 1, 2, and 3 above). If you use certified mail, you must be able to obtain proof from the post office that the Tenant actually signed for the Notice, such as a return receipt.
Section 8 Housing Choice Voucher Landlords: If some of the Tenant's rent is paid by the Section 8 Housing Choice Voucher program, there a few things that you should keep in mind.
First, in most situations, if a Landlord is receiving money from the Section 8 Housing Choice Voucher program on behalf of a Tenant, the Landlord can only ask the Tenant to pay his or her share of the rent. If the D.C. Housing Authority stops paying rent to a Landlord because of something that the Landlord did, rather than something that the Tenant did, the Landlord cannot ask the Tenant to pay the Housing Authority's share. A Landlord usually cannot ask the Tenant to pay more rent than the D.C. Housing Authority told the Tenant to pay.
Second, if some of the Tenant's rent is or should be paid by the Section 8 Housing Choice Voucher program, then you must send the D.C. Housing Authority a copy of this Notice. Their address is 1133 North Capitol, NE, Washington, DC 20002.
If you have any questions about your responsibilities as a Section 8 Landlord, you may want to speak with a lawyer before serving this Notice or bringing a lawsuit against the Tenant.
Filing a Lawsuit: After you give the Notice to the Tenant, you must wait until a full days have passed before you can file a Complaint in the Landlord Tenant Court to have your Tenant evicted. (If your lease requires a shorter or longer period of time, then you must wait the number of days required by the lease before you can file a Complaint in the Landlord Tenant Court.) You must count the days from the day the Notice was actually given to the Tenant, even if there is a different date on the Notice, and you do not count the day that you served the Notice.
If your Tenant moves out before you file a Complaint to have the Tenant evicted, you cannot file a Complaint in the Landlord Tenant Court. If the Tenant still owes you money when he or she moves out, you may file a lawsuit in Small Claims Court or Civil Court to collect the unpaid rent.
It is important to remember that it is illegal to evict Tenants without using the Court process. It is illegal to change the locks, evict the Tenant yourself, or turn off the heat, water, or other services.
About Eviction Notices in the District of Columbia
Learn about how to notify tenant of eviction in Washington D.C.
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Different types and reasons for evictions in D.C.
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“D.C. 30-Day Notice of Nonpayment and Possible Eviction”
30 days’ notice
D.C. Official Code § 42.3505.01(a-1)
Violation of lease or rental agreement
“D.C. 30-Day Notice to Correct or Vacate”
30 days’ notice
D.C. Official Code § 42.3505.01(b)
Illegal activity
“D.C. 30-Day Notice to Vacate for Illegal Act Performed”
30 days’ notice
D.C. Official Code § 42.3505.01(c)
Personal use of residence by landlord
“D.C. 90-Day Notice To Vacate for Personal Use and Occupancy”
90 days’ notice
D.C. Official Code § 42.3505.01(d)
Personal use of residence after sale to third party
“D.C. 90-Day Notice to Vacate for Personal Use and Occupancy of Contract Purchaser”
90 days’ notice
D.C. Official Code § 42.3505.01(e)
Temporary eviction for renovations or alterations
“D.C. 120-Day Notice to Vacate for Renovations or Alterations”
120 days’ notice
D.C. Official Code § 42.3505.01(f)
Other reason for eviction
“D.C. Eviction Notice”
Immediate
D.C. Official Code Title 42 Chapter 42
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in the District of Columbia
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
The court held that a notice to correct or vacate for failure to timely pay rent expires on the first day of the rental period immediately following the lapse of the 30-day notice period which commences on receipt of the notice. (Pritch v. Henry, 543 A.2d 808 (D.C. 1988))
The court held that for nonpayment of rent possession suits, the notice provisions of the Rental Housing Act expressly do not apply; therefore, the court will look at the notice-to-quit provisions for nonpayment of rent actions. (Mullin v. N. St. Follies Ltd. P'ship, 712 A.2d 487 (D.C. 1998))
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
A landlord may take back a rental unit if the tenant is breaking the lease and doesn't fix the problem within 30 days of getting a written notice. A landlord may also take back a rental unit if a court finds that the tenant or someone else has done something illegal in the unit, and the landlord has given the tenant a 30-day written notice. (D.C. Code § 42-3505.01.)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
The landlord must notify the tenant that any personal items left in the rental unit will be considered abandoned seven days after eviction, not counting Sundays and federal holidays. The notice should also tell the tenant they have the right to access their personal property in the unit. After the mentioned seven days, the landlord can remove or dispose of any abandoned property. (D.C. Code § 42-3505.01a)
TENANT PROTECTION REGARDING FORECLOSURES
The court held that the statutory eviction restrictions also protect the tenants of a defaulting mortgagor who remain in the previously rented apartment after a foreclosure sale. (Administrator of Veterans Affairs v. Valentine, 490 A.2d 1165 (D.C. 1985))
If a tenant proves to the court they have applied for the Emergency Rental Assistance Program (usually by submitting documentation), the court will pause any eviction process for not paying rent. (D.C. Code § 42-3505.01(r)(1))
When the court approves an eviction for unpaid rent and the tenant informs the landlord of a pending Emergency Rental Assistance Program application at least 48 hours before the eviction, the landlord must reschedule the eviction for at least three weeks later. This allows time for the application to be processed, funding to be determined, and, if approved, for the landlord to receive the funds. (D.C. Code § 42-3505.01(r)(2))
MORE RELEVANT LAWS
D.C. Code §§ 16-1501 through 16-1505; D.C. Code §§ 42-3201 through 42-3232; D.C. Code §§ 42-3505.01 through 42-3505.10; D.C. Code §§ 42-3131.01 through 42-3131.03.
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How to write a District of Columbia Eviction Notice
Below is a list of details you may need when preparing a D.C. Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In D.C., this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a District of Columbia Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in D.C.: what happens after making an Eviction Notice?
Now that you have made your D.C. Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Work with a third-party process server.
- Send it via certified mail with a return receipt.
- Deliver the notice in person.
Please remember that "self-help" or "DIY" evictions are illegal in D.C.. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as a Forcible Entry and Detainer lawsuit.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The District of Columbia website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently
District of Columbia Eviction Notice FAQs
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Do I need an Eviction Notice in D.C.?
Generally speaking, yes, if you wish to remove a tenant from your District of Columbia rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about D.C. eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in the District of Columbia?
While you can choose to make a D.C. Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do D.C. eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in the District of Columbia, for example, might be different from the ones in other states. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in D.C. – or anywhere else – to any tenant.
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How do I create a District of Columbia Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a District of Columbia Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a D.C. Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the District of Columbia Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in D.C.?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the District of Columbia eviction process from beginning to end?
The duration of the eviction process for D.C. tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of the District of Columbia notice periods to get you started:
- Rent-related: 30-day notice unless the tenant's right to notice was waived in the lease.
- Rental agreement violations: 30-day notice.
- No fault of the tenant(s): 60 to 180-day notice depending on the reason for eviction.
If the tenant decides to leave before the notice period ends – which is common – the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take up to 7 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in the District of Columbia?
After making a District of Columbia Eviction Notice, the next step is to serve it. You may read more about the eviction process in D.C. and everything that follows here.
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What happens after the given notice period is over in D.C.?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as a Forcible Entry and Detainer lawsuit.
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