MAKE YOUR FREE District of Columbia Eviction Notice
What is a Washington DC Eviction Notice or Notice to Quit?
When to use a District of Columbia Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated the lease or rental agreement.
- Your tenant has committed and been convicted of a felony. 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
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___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.
District of Columbia Eviction Notice FAQs
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Am I allowed to evict my tenant for overdue rent in the District of Columbia?
Under normal circumstances, yes. You may use a Washington DC Eviction Notice (specifically referred to as a 30-Day Nonpayment Notice to Quit) to kick off the process. That said, due to the pandemic, there are some limitations in place. Despite the fact that the federal ban was struck down by the Supreme Court, the District of Columbia is able to maintain its own standards for residential evictions. Check out the talk to a local landlord-tenant lawyer, if you are still unsure.
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Do I always need to make an Eviction Notice in the District of Columbia?
If you wish to legally remove a tenant from your rental property, it may be a good idea to deliver them a Notice of Eviction first. Even if it isn't always required by law, this document can help you avoid going to court (assuming the tenant will comply.) Some of the reasons behind why you may want to use one are:
- The tenant is continuously late to pay their rent or payments have fallen behind schedule
- The tenant has caused unreasonable damage
- The tenant disturbs the quiet enjoyment of their neighbors
- The tenant is using their unit for an illegal operation
- The tenant violates the no-pets policy of your rental contract
- The tenant gets a subletter in breach of the rental terms
In addition to violations, a tenant generally may be evicted by a landlord for other reasons unrelated to a fault of their own, such as when the property owner intends to move in. Keep in mind that the list shown above is not comprehensive and the legally permitted reasons for evicting a tenant are subject to change by city or municipality, among other determining factors. If you've got any questions or concerns related to District of Columbia eviction laws, you can always talk to an attorney.
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How is a District of Columbia Notice to Vacate usually organized?
When ready, you can tap or click "Make document" to check out our Washington DC Eviction Notice sample. The specific details to add are:
- The address and description of the property
- The lessee's contact information
- How many past due rent payments need to be made (if appropriate)
- Which of the lease provisions are not being met
- How much time the tenant will have to remedy the situation
In the event that the tenants are not in the wrong, you may wish to add more context. With the document tool, you have the ability to implement more personalized editing, if necessary. It is important to verify that any policies and terms that you make note of are actually present in the tenancy agreement that was signed by all parties.
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How do District of Columbia eviction laws affect me as a residential property owner?
Eviction laws continually evolve over time and the actual legal process and restrictions can be relatively nuanced, especially for a first-timer. In some cases, there will be varying notice periods and other requirements depending on the reason for evicting the tenant and how long they have occupied the property. With that in mind, it is recommended that every property owner consult a local eviction lawyer before serving a Notice of Eviction on any tenant.
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How can I make a Washington DC Eviction Notice form online?
Fortunately, you do not have to start from scratch when writing your document. When using Rocket Lawyer, any landlord or property manager is able to create Washington DC Eviction Notices online very easily. Your document will be built section by section as you enter more details throughout the process. This solution is, in many cases, notably more affordable and convenient than working with a traditional attorney.
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How much would it usually cost for an attorney to help me evict a tenant in the District of Columbia?
If you want to know the complete cost of eviction, you'll need to take into consideration the fees associated with filing court documents, legal fees, the value of unrecovered rent payments, storage and/or cleaning fees, and ultimately the time and money spent finding new tenants. The great news is you will not have to pay hundreds of dollars in legal fees to generate your Notice of Eviction. Unlike many other sites that you may stumble upon, Rocket Lawyer offers much more than an eviction form. If you proceed with an eviction lawsuit, your Rocket Lawyer membership offers up to 40% in savings when you hire an attorney from our network.
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How long does it take to complete the District of Columbia eviction process?
The length of the eviction process for the District of Columbia usually will depend on the amount of notice required, in addition to the total volume of cases being held at the same time. Here is an overview of District of Columbia notice periods:
- 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
After your notice period, the actual eviction may still take up to 7 months. It is important to note that with particular kinds of housing, for instance where rent payments are subsidized, the mandatory notice period is often even longer.
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Should I hire an attorney if I am evicting someone in the District of Columbia?
While it is possible to create a Notice to Quit without support, the majority of landlords who take tenants to court have an attorney to represent them. Depending on whom you reach out to, some lawyers may not even accept requests to review documents that they did not work on. A better approach to consider is to request help from attorney services at Rocket Lawyer. As a Premium member, you have the ability to request guidance from an experienced attorney or send other questions about your DC Eviction Notice. We're always here to help.
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Will I have to take additional actions once I create a Notice of Eviction/Notice to Quit in the District of Columbia?
When you are finished completing a Washington DC Eviction Notice using Rocket Lawyer, you will be able to retrieve it from your account at any time and place. Feel free to interact with the document by making edits, copying it, downloading it as a Word or PDF file, and printing it out. You must sign it before it is served on the tenant. You have several options for serving a 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 "do-it-yourself" evictions are illegal in the District of Columbia. Property owners shouldn't change locks, turn off utilities and services, throw out personal property, or harass and threaten their tenants in any way in order to make them move out. Acting lawfully before and during the eviction proceedings will give you the best chance of removing tenants successfully with a final judgment from the court.
