Self-help eviction is illegal in D.C.  In D.C., you must file a lawsuit against your tenant and receive a "judgment for possession" to evict the tenant.  After you have a judgment for possession, you must coordinate the eviction through the U.S. Marshals Service.  It is illegal to remove the tenant's property, change the locks, turn off the heat, water, or other services or do anything else to force the tenant out except scheduling an eviction through the U.S. Marshals Service.

If you evict a tenant without a judgment for possession or without using the U.S. Marshals Service, you may be responsible for paying the tenant for property damage plus money damages for breaking the law.  The Court may also order you to let the tenant return to the property until you have followed the Court's process to remove the tenant legally.

To legally evict a tenant you must be able to prove to the Court that at least one (1) of the following reasons is true:

• The tenant didn't pay the rent;
• The tenant or an occupant violated some other part of the lease (for example, keeping a dog when the lease forbids it or having people living in the unit when they are not allowed to be there) or the housing code (for example, by damaging the property or not keeping it clean);
• The tenant or an occupant violated the law within the property;
• The tenant or an occupant is maintaining a drug-haven within the property;
• You want to take back the property for your immediate and personal use;
• You intend to renovate the property and cannot safely do so with the tenant living there;
• You intend to demolish the property;
• The property has to be substantially rehabilitated or renovated; or
• The property is no longer going to be used as rental housing.

No. In D.C., once the lease period ends, the lease automatically goes month-to-month.  All the other parts of the lease remain the same (including the rent amount, unless you give the tenant written notice).

For example, if you signed a one (1) year lease on January 1, 2004 and the lease period ends on December 31, 2004, the lease term will go month-to-month beginning January 1, 2005, EVEN IF you don't agree to renew the lease with the tenant.  In other words, you cannot evict the tenant when the lease period ends unless you have another legal reason.

In D.C., the first legal notice that a landlord is required to give a tenant before filing an eviction lawsuit is called either a "Notice to Quit," "Notice to Quit or Vacate," "Notice to Cure or Vacate" or "Notice to Correct or Vacate."  This notice is required before you can legally evict a tenant for any reason other than nonpayment of rent or because the tenant is maintaining a drug haven.  In most cases, a 30-day notice is required, but in some types of cases, a landlord is required to give the tenant as much as 90, 120, or 180-days notice and a chance to move out of the property before an eviction lawsuit can be filed.

If you are seeking to evict a tenant because the tenant is maintaining a drug-haven, you do not need to give the tenant this notice unless the tenant live in public housing or in certain other properties where the amount of rent is based on the tenant's income.  If you are not sure whether you are required to give the tenant a notice before filing a drug-haven case, you should speak to a lawyer.

If you are seeking to evict a tenant because the tenant did not pay the rent, you may not need to send this notice.  Read the lease to see whether the tenant has agreed to give up the right to receive this notice before being sued for eviction.  The lease may have some language like, "This lease will act as Tenant's notice to quit or vacate thereby waiving any requirement that Landlord serve Tenant with further notice before eviction."

• If the lease has this language, you are not required to give the tenant a notice to quit if the eviction is based on nonpayment of rent.  The tenant can only agree to give up the right to receive this notice in a nonpayment of rent case.
• If the lease does not have similar language, then the tenant has not agreed to give up the right to receive this notice and you must send the tenant a notice to quit.
• If you are not sure whether your tenant has given up the right to receive a notice to quit for nonpayment of rent, you should speak to a lawyer.

Remember, even though this notice tells the tenant that they must vacate the property, you cannot force the tenant to leave until you have received a judgment for possession from the Court.

Yes.  The requirements for these notices are very strict.  You must send the tenant a proper notice to be able to go forward with an eviction proceeding.  Otherwise, the case could be dismissed in Court.  The requirements include:

• Giving the tenant very specific information about how s/he violated the lease or the housing code;
• Giving the tenant very specific information about how to fix the violation(s);
• Giving the tenant at least 30 days to fix the violation(s); and
• That the notice be written in both English and Spanish.

Blank notices and help filling them out are available at the:

Landlord Tenant Resource Center
D.C. Superior Court Building B
510 4th Street, N.W., Room #115
9:15 AM - 12:00 Noon.

Yes.  You can give or send the notice to the tenant yourself or you can have someone else who is over the age of 18 do this for you. You can do this by:

• Personal service - Handing a copy of the notice directly to the tenant;
• Substituted service - Handing a copy of the notice to a person of proper age who is at the property; or
• Certified mail - Sending a copy to the tenant by certified mail but the tenant must personally sign for the letter; or
• Posting and mailing - After two (2) attempts to personally serve the tenant, you can tape, nail or attach a copy of the notice to the tenant's door.  Another copy must be mailed to the tenant within three (3) calendar days of the posting to the tenant's door.

Except in nonpayment of rent cases, you must also send a copy of the notice to the Rent Administrator within 5 calendar days after serving the tenant at the Housing Regulation Administration, 941 North Capitol, N.E., Room 7280, Washington, D.C. 20002.  The phone number is (202) 442-4610.  If your tenant is receiving rent assistance from the Section 8 Housing Choice Voucher program, you must send a copy of the notice to the D.C. Housing Authority, 1133 North Capitol Street, NE Washington, DC 20002.

After you give the tenant a notice to "Notice to Quit," "Notice to Quit or Vacate" or "Notice to Cure or Vacate," you must wait until the time in the notice runs out.

If your notice was about nonpayment of rent and the tenant did not bring the rental account completely current (either during the time in the notice or even at some time after that), then you can file a Complaint for Possession of Real Estate in the Landlord and Tenant Branch of D.C. Superior Court to request a judgment for possession.

If your notice was about a violation of a written lease or the housing code, and the tenant did not fix the problem within the time in the notice, even if s/he fixed it after the time in the notice, then you can file a Complaint for Possession of Real Estate in the Landlord and Tenant Branch of D.C. Superior Court to request a judgment for possession.

Yes.  You must use a standard Court form that must be properly completed for the case to go forward.  You must:

• List the tenant's name and address correctly (including apartment or room number, if any) and the quadrant (NE, NW, SE, or SW);
• Specifically state (or attach a notice) the reason(s) why you are suing the tenant for eviction;
• Sue for possession, not just money; and
• Have your signature notarized.

The filing fee for the complaint is $15.00.

You must file the complaint in the Landlord and Tenant Branch Clerk's Office, which is located in Room 110 in D.C. Superior Court Building B, 510 4th Street, NW, Washington, D.C. 20001.

Yes.  You cannot personally give a copy of the Complaint to the tenant.  Another person (the "process server") who is at least 18 years old must serve the tenant.  The tenant can be served by:

• Personal service - Directly handing a copy of the complaint to the tenant;
• Substituted service - Directly handing a copy of the complaint to a person over the age of 16 who lives in the home; or
• Posting and mailing - After two (2) attempts to personally serve the tenant, the process server can tape, nail, or attach a copy of the Complaint to the tenant's door.  Another copy must be mailed to the tenant within three (3) calendar days of posting it on the door.

The Court's instructions for serving the complaint are located here.

If your tenant is receiving rent assistance from the Section 8 Housing Choice Voucher program, you must send a copy of the complaint to the D.C. Housing Authority, 1133 North Capitol Street, NE Washington, DC 20002.

After your process server has served the complaint, you or your process server must file an Affidavit of Service with the Clerk explaining exactly how the process server gave the complaint to the tenant.  The affidavit must be filed at least five business days before the initial hearing in the case.