DC Landlord and Tenant Court: Notices, Hearings, and Defenses

An eviction case in the DC landlord tenant court eviction process starts with a statutory ground and a written notice, moves to a verified complaint filed at the Landlord and Tenant Branch of DC Superior Court, and ends — if the landlord wins — with a Writ of Restitution carried out by the U.S. Marshals Service. The District’s tenant protections are strong, and each step has requirements that will get a case dismissed if the landlord misses them.

A Landlord Needs a Listed Reason to Evict

DC does not allow eviction simply because a lease ended. As long as a tenant keeps paying rent, they generally have the right to stay, and a landlord can recover possession only for grounds listed in DC Code § 42-3505.01.¹ The common ones are:

Nonpayment of at least $600 in rent, not counting late fees.
A lease violation other than rent that the tenant has not cured within 30 days of written notice.
Illegal activity on the premises, as determined by a court.
The owner, a natural person, wants to move in.
A signed contract to sell to a buyer who will live in the unit.
Major renovations that cannot be done safely while occupied, or demolition.
Permanent withdrawal of the unit from the rental market.

Each ground carries its own notice rules. Filing on a reason not in the statute, or on a correct ground with the wrong notice, ends the case at the first hearing.

Notices Required Before Filing

No tenant can be evicted for any reason unless they first receive a written notice that meets § 42-3505.01, and for every ground other than nonpayment of rent a copy must also go to the Rent Administrator.¹

Nonpayment of Rent

The landlord must give at least 10 days’ written notice of intent to file. It has to state the exact amount of rent owed, include a ledger of charges and payments covering the delinquency, and tell the tenant they can stay by paying the full balance. The notice cannot go out at all unless the balance is at least $600, and late fees do not count toward that threshold.²

Lease Violations Other Than Rent

A 30-day notice gives the tenant a chance to cure. Fix the violation within those 30 days and the landlord loses the right to evict on that basis.¹

A Note on “Notice to Quit” Under § 42-3202

Some landlords try to end a residential tenancy with a “Notice to Quit” under DC Code § 42-3202. That statute only authorizes a tenant to give 30 days’ notice of their intention to leave. It does not give landlords a way to terminate a residential lease.³ A residential case built on that notice will likely be dismissed. Commercial month-to-month and quarter-to-quarter tenancies are different: either party may end them with 30 days’ notice under the same statute.

Filing the Complaint

Once the notice period runs, the landlord files a Verified Complaint for Possession of Real Property. Form 1A is used for residential nonpayment, Form 1D for commercial property. The complaint must list the exact address, the legal ground, and supporting facts; nonpayment complaints must identify the specific months of arrears and the total owed.

Before accepting the complaint, the clerk’s office requires a valid rental registration and a current rental housing license.² The license requirement can be waived in narrow situations, like a tenant refusing access for a pre-license inspection or an agency delay in processing a renewal. Registration has no workaround. Missing either document at the first hearing means dismissal.

Attorneys file through eFileDC, the court’s mandatory electronic system.⁴ Self-represented parties can file in person at the clerk’s office or use the online system. The clerk assigns a case number and prints the hearing date on the summons.

Serving the Summons

The landlord then arranges service of the summons and complaint. Any competent person at least 18 years old who is not a party to the case can deliver the papers, and service must comply with DC Code § 16-1502.⁵ The simplest way is handing the papers to the tenant. If that fails, the server can leave them with someone of suitable age and discretion who lives at the property. If neither works, the server can post the summons on the door and mail a copy by first-class mail, with a timestamped photo of the posted summons and sworn proof of service on the court’s L&T Form 3 (one form per defendant). Without proper proof of service, the judge cannot proceed.

The Initial Hearing

At the first appearance, the judge calls the roll and checks the complaint for proper notice, valid registration and license, and sufficient allegations. Anything missing and the case is dismissed on the spot.²

If the tenant does not appear and the landlord’s paperwork is in order, the landlord can ask for a default judgment. If both sides show up, the court often refers the case to mediation. A court-appointed mediator meets with the parties privately to work out payment plans, move-out timelines, or repairs. A signed agreement ends the dispute; no agreement sends the case back to the judge for a trial date.

Defenses a Tenant Can Raise

Several defenses can delay, reduce, or defeat a landlord’s claim entirely.

Breach of the Implied Warranty of Habitability

Every residential lease in DC carries an implied promise by the landlord to maintain the property in livable condition, measured against the DC Housing Code, under Javins v. First National Realty Corp.⁶ If the landlord has failed to fix serious code violations in the unit or common areas, the rent obligation may be suspended in whole or in part. The judge or jury decides whether violations existed during the claimed arrears period and how much rent, if any, is actually owed. Minor cosmetic issues will not carry the defense; loss of heat, plumbing failures, pest infestations, or structural hazards can.

Retaliatory Eviction

DC law presumes an eviction is retaliatory if, within six months before filing, the tenant complained about housing conditions, contacted a government agency about code violations, withheld rent after giving notice of violations, participated in tenant organizing, or sued the landlord.⁷ Once the tenant establishes the timeline, the landlord must rebut the presumption by clear and convincing evidence. Retaliatory conduct also covers rent increases, reduced services, harassment, and refusal to renew a lease.

Reasonable Accommodation for Disability

Under the Fair Housing Act, a tenant with a disability whose lease violation or nonpayment is tied to that disability may request a reasonable accommodation. The tenant has to show the link between the disability and the conduct and that the accommodation would help them comply going forward. The defense can be raised even after the case is filed. Courts, however, are unlikely to require a landlord to forgive unpaid rent as an accommodation.

Trial and Jury Requests

Cases that are not resolved go to trial. Most are tried to a judge, but either party can request a jury by filing a written answer and paying a $75 fee.⁸ A tenant who wants to file a counterclaim does so through a written answer, with a separate $10 filing fee. The answer can be filed before the initial hearing, in open court on the hearing date, or at the clerk’s office afterward.

The landlord carries the burden of proving the grounds for eviction. The tenant can present defenses, call witnesses, and introduce evidence of code violations, retaliation, or other issues. A judgment in the Landlord and Tenant Branch does not permanently settle questions of title between the parties.⁹

After Judgment: The Writ and the Marshal

If the court enters a judgment for possession for the landlord, the tenant has a window to appeal before any physical eviction. After that window passes without an appeal, the landlord files for a Writ of Restitution at the clerk’s office, with a $10 filing fee.¹⁰ The clerk forwards the writ to the U.S. Marshals Service for scheduling.¹¹

The Marshals charge their own fees on top of the court’s $10. In DC, every eviction has to be scheduled by and carried out in the presence of the U.S. Marshals, and tenants receive at least three weeks’ notice of the scheduled date.¹¹ On eviction day, the landlord provides a crew to move any remaining belongings out of the unit. The Marshal oversees the process and, once the unit is cleared and locks changed, signs the writ to confirm the eviction is complete.

Paying Off the Case to Stop the Eviction

In nonpayment cases, a tenant can halt the process by paying the full balance of unpaid rent, and the 10-day notice has to tell the tenant that right exists and state the exact amount.¹ Even after judgment and a scheduled writ, a tenant who notifies the landlord at least 48 hours before the eviction that they have an approved Emergency Rental Assistance Program application covering the full amount owed can force the landlord to cancel the eviction.

Fee Waivers and Right to Counsel

Court fees add up fast. DC gives automatic fee waivers to people who receive certain government benefits, including housing vouchers, public housing assistance, and the Rent Supplement Program. A waiver is also available if monthly income does not exceed 200% of the federal poverty guidelines, or if the applicant is represented by a legal services organization. The court must rule on a completed fee waiver application within five calendar days, and if it does not, the waiver is automatically granted.¹²

DC also runs a Housing Right to Counsel program for low-income tenants with housing subsidies who are facing eviction. Qualifying tenants are guaranteed a lawyer if they connect with a participating legal services provider or call the Landlord Tenant Legal Assistance Network before the first court hearing. A tenant with a housing subsidy who gets served should make that call immediately.

Sealing of Eviction Records

An eviction filing can follow a tenant for years, even in cases the tenant wins. DC’s automatic sealing law seals all records 30 days after a case resolves without a judgment for the landlord. When the landlord did win a judgment for possession, the records are sealed three years after final resolution.¹³

Tenants can also move to seal records earlier if the amount owed was $600 or less, if the unit was subsidized, if the filing was retaliatory or discriminatory, if the landlord failed to fix housing code violations in the tenant’s unit, if the case involved domestic violence, or if the parties settled without the landlord recovering possession. A landlord who knowingly uses sealed records against a prospective tenant is exposed to attorneys’ fees, incidental damages, and equitable relief.¹³

If You Are an Active-Duty Servicemember

The Servicemembers Civil Relief Act adds protections for active-duty military and their dependents. A landlord cannot evict a servicemember or their dependents without a court order where the property is primarily a residence and the monthly rent falls below an annually adjusted threshold.¹⁴ The threshold started at $2,400 in 2003 and is adjusted each year using the Consumer Price Index housing component. If military duties materially affect the servicemember’s ability to pay, the court can halt proceedings for 90 days or longer and adjust lease obligations.

If a servicemember on active duty fails to appear, the court cannot enter a default judgment without first appointing an attorney to protect their interests. The servicemember can also reopen a default entered during service or within 90 days afterward on a showing that military service kept them from mounting a defense.

1
D.C. Law Library. District of Columbia Code 42-3505.01 – Evictions
2
D.C. Law Library. District of Columbia Code 16-1501 – Definition; Summons
3
D.C. Law Library. District of Columbia Code 42-3202 – Notices to Quit
4
D.C. Bar. Superior Court Issues Order on Mandatory E-Filing
5
District of Columbia Courts. Landlord and Tenant Rule 4 – Process
6
Justia Law. Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970)
7
D.C. Law Library. District of Columbia Code 42-3505.02
8
District of Columbia Courts. Landlord and Tenant
9
D.C. Law Library. District of Columbia Code 16-1505 – Conclusiveness of Judgment
10
District of Columbia Courts. Civil Rule 202 – Fees
11
U.S. Marshals Service. District of Columbia, Superior Court – Evictions Process
12
D.C. Law Library. District of Columbia Code 15-712 – Waiving Court Fees and Costs
13
D.C. Law Library. District of Columbia Code 42-3505.09 – Sealing of Eviction Court Records
14
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress