Constructive eviction is a legal theory where a tenant argues that the landlord's failure to maintain the premises was so severe that it deprived the tenant of the ability to use the space for its intended purpose — effectively evicting them without a formal eviction. If a court agrees, the tenant may be excused from paying rent for the period in question, and in some cases can recover damages.
For a landlord who owns commercial property, the security deposit rarely covers the full cost, and the question becomes what else you're entitled to collect.
DC prohibits self-help eviction for commercial tenants, same as for residential ones. That means a landlord cannot change the locks, shut off utilities, remove the tenant's property, or otherwise force them out without going through DC Superior Court and having the U.S. Marshals Service execute the eviction. A landlord who does this on their own — even with months of unpaid rent as justification — can end up owing the tenant damages, on top of still not having lawfully recovered the space.
Property owners may not realize is that DC law explicitly extends consumer protection statutes to landlord-tenant relationships, which means landlords can be exposed to serious financial liability over a poorly worded lease clause, an unreturned phone call, or an offhand comment about a unit's condition.
A step-by-step guide for DC landlords on how to execute a judgment for possession and lawfully remove a DC tenant for non-payment of rent.