Seeking to evict a tenant as a small landlord in Washington, DC can be a stressful experience for all parties involved, no matter the basis for the eviction. To make this process as smooth as possible, it is important to understand what steps are required before filing a case in DC Superior Court's Landlord Tenant Branch. Typically, formal notice is required, and the type of notice varies based on the situation. Consulting with an experienced attorney can help small landlords in DC ensure their notices are proper and avoid future delays or obstacles in eviction cases.
The three most common notices required are Nonpayment of Rent Notice, 90-Day Notice to Vacate and 30-Day Notice of Lease Violations.
Nonpayment of Rent Notice
As the name suggests, these notices are used for when a tenant has not been paying rent, and serve as the formal demand for the tenant to pay the overdue rent or face eviction. These notices must include a number of specific elements, including but not limited to, the date of the notice, the amount of rent owed, period covered by the overdue rent, a statement of the tenant's right to pay the amount due to avoid eviction, a statement of the deadline to make the payment, the landlord's contact information, the landlord's Basic Business License Number and Registration Exemption Number from the Rental Accommodations Division. A ledger of the tenant's missed payments must also be included with this form. The notice must be delivered in both English and Spanish. If a tenant is paying for rent with a voucher from the DC Housing Authority (DCHA), then two extra forms regarding DC's Violence Against Women Act must also be included.
These notices must be served to the tenant, by personal service, substitute service or posting. Only after 30 full calendar days after the service of this notice may the case be filed.
90-Day Notice to Vacate
These notices are used for when the owner seeks to recover possession of a property for their immediate and personal use. They can also be used when there are significant changes being made to the lease agreement. This notice is the formal notice that these changes are being made or that the property must be vacated.
These notices also include specific requirements, including the date of the notice, the basis for the notice, the specific proposed change or date by which the tenant must vacate, the statement of the tenant's right to dispute the notice or seek legal assistance and the Housing Provider's Registration number with the Rental Accommodations Division and the landlord's contact information, among others.
Attached to the notice must be a copy of the Housing Provider's affidavit regarding personal use and occupancy submitted to the Rental Accommodations Division. The notice must be delivered in both English and Spanish.
These notices must be served to the tenant, by personal service, substitute service or posting. Only after 90 days have elapsed and the tenant has failed to vacate the unit may a case be filed seeking eviction of the tenant.
30-Day Notice of Lease Violations
These notices are used when a tenant has violated the terms of their lease. For instance, if there are unauthorized residents staying in the unit or the tenant is denying entry to the property owner, a 30-Day Notice would be appropriate. These notices inform the tenant that they must either cure the lease violations or vacate the unit.
These notices have their own set of requirements, including but not limited to the date of the notice, the violations that have taken place, where in the lease they violate, what can be done to cure the violations, the consequences for failing to cure the violation, the Housing Provider's Registration number with the Rental Accommodations Division and the contact information for the landlord.
These notices must be served to the tenant, by personal service, substitute service or posting. If the tenant cures the listed violations, then the notice is moot. If they fail to cure the violations after 30 days have elapsed, then a case may be filed.
What Notice is Required for Tenants in Washington, DC?
While these three are not the only possible notices, they are among the most common and therefore important for any small landlord in DC to understand. Properly serving the correct notice is an important initial step for any landlord-tenant case in Washington, DC. Failure to do so can cause major issues in your case later down the line.
Consulting a landlord-tenant attorney in Washington, DC for further information and assistance in this process is often a useful first step, and can ultimately save small landlords time and money over the long term.
