DC Eviction Process: How Evictions Work in Washington, DC

By Skyline Capital Investments · Updated October 28, 2026 · 7 min read

What makes the DC eviction process different

DC is a just-cause jurisdiction. Under D.C. Code § 42-3505.01(a), a tenant who keeps paying the rent can’t be evicted even after the lease expires, and a late fee alone is never grounds. You need one of the reasons the statute lists, each with its own notice period.

That rule reaches beyond rent-stabilized units. Exemptions in § 42-3502.05, such as buildings permitted after 1975, lift the rent increase limits but not the eviction rules. In a stabilized building, the annual increase follows the local CPI-W and can’t exceed 10% (§ 42-3502.06(b)).

DC eviction notices: grounds and notice periods

Each ground carries its own written notice period. Notices for any reason other than unpaid rent also go to the Rent Administrator, and a posted notice needs a photo with a readable timestamp. If you know the tenant’s primary language is another one covered by § 2-1933, the notice must be in that language.

• Unpaid rent: 10 days’ notice of intent to file, and only when the tenant owes at least $600 (§ 42-3505.01(a-1)).
• Lease violation: 30 days to correct the violation after notice (§ 42-3505.01(b)).
• Illegal act in the unit or building found by a court: 30-day notice to vacate (§ 42-3505.01(c)(1)).
• Alleged dangerous crime or crime of violence: 10-day notice after you consider in good faith ways to keep other occupants housed, with a hearing within 20 days of filing (§ 42-3505.01(c)(2)).
• Owner’s personal use by a natural person, or a sale to a buyer for personal use: 90 days, and the unit can’t be re-rented for 12 months (§ 42-3505.01(d)-(e)).
• Renovation requiring vacancy or substantial rehabilitation: 120 days, with approvals and relocation rights (§ 42-3505.01(f), (h)).
• Demolition or discontinuing housing use: 180 days (§ 42-3505.01(g), (i)).

What the 10-day nonpayment notice must say

The notice must state the total rent owed, attach a ledger of charges and payments for the delinquent period, and say the tenant can stay by paying the full balance. It must also say only a court can order an eviction and give the numbers for the Office of the Tenant Advocate (202-719-6560) and the Landlord Tenant Legal Assistance Network (202-780-2575) (§ 42-3505.01(a-1)(2)).

Deliver it two ways: certified mail or a tracked delivery service with return receipt, and hand delivery to the unit or posting on its front door (§ 42-3505.01(a-1)(3)).

One wrinkle: the RENTAL Act cut the period from 30 days to 10 but left the model wording, which still says 30 days. The Rental Housing Commission’s April 2026 proposed rules read it as 10 days, counted from delivery or posting, not mailing.

Filing in the Landlord and Tenant Branch

Possession cases go to the Landlord and Tenant Branch of DC Superior Court on a verified complaint (§ 16-1501(a)).

• Certify a valid rental registration or claim of exemption and a current rental housing business license at filing, and document both at the initial hearing (§ 16-1501(c)). Under $600 owed, you can’t seek possession (§ 16-1501(b)).
• The court issues the summons in English and Spanish. It must be served at least 14 days before the initial hearing, down from 30 days excluding Sundays and holidays before the RENTAL Act (§ 16-1502(a)).
• If you post the summons, mail a copy first class within 3 calendar days and file a timestamped photo of the posting (§ 16-1502(b)).
• At the initial hearing, the clerk enters a default if you appear and the tenant doesn’t, provided service and the complaint hold up (L&T Rule 11). If you don’t appear, the case is dismissed.
• A tenant who wants a jury can get two weeks to file a verified answer (L&T Rule 11(b)(6)).
• Either side can move for a protective order requiring the tenant to pay monthly rent into the court registry while the case is pending, and the court enters a preliminary order before hearing housing code defenses (§ 16-1502a).
• A pending ERAP application can stay the case once (§ 42-3505.01(r)(1)).

Judgment, redemption and the writ of restitution

A default judgment for possession requires the SCRA military affidavit on Civil Action Form 114 (L&T Rule 14). In a rent case, the writ can issue only after the court sets the redemption amount on the record or you file the notice of payment required to avoid eviction, which is due within 5 business days of the default or judgment (L&T Rules 14-II and 16).

A DC tenant can redeem a rent judgment by paying the full amount owed, plus court costs, at any time before the eviction is completed (L&T Rule 14-II(f)). The right ends when the Marshals execute the writ (§ 42-3505.01a(c)(2)).

The writ must issue within 90 days after judgment or after a stay is lifted unless you get leave, and it stays valid for 75 days (L&T Rule 16). The clerk delivers it to the U.S. Marshal, who sets the date.

Eviction day: the 21-day notice, weather days and the 7-day rule

You must confirm the eviction date at least 21 days ahead by phone or electronic message, first-class mail and posting at the unit. It must warn that belongings left behind are deemed abandoned after 7 days, excluding Sundays and federal holidays (§ 42-3505.01a(b)). Skip it and the tenant can get the eviction stayed.

No eviction can happen when the National Weather Service’s 8 a.m. forecast for National Airport is below 32°F or above 95°F, or while precipitation is falling at the property (§ 42-3505.01(k)). The heat rule took effect April 16, 2026. Court findings of an illegal act, hardship to neighbors or abandonment lift these limits.

If the tenant shows an approved ERAP application covering the full amount at least 48 hours ahead, you must cancel and wait at least 3 weeks to reschedule (§ 42-3505.01(r)(3)). During the 7 days, the tenant gets at least 16 hours of access over up to 2 days (§ 42-3505.01a(d)).

Self-help, retaliation and record sealing

Possession transfers only when the Marshals execute a writ and you change the locks in their presence (§ 42-3505.01a(c)). A lockout on your own isn’t an eviction.

Retaliation is presumed if you act within 6 months after a tenant asks for code repairs, reports violations, joins a tenant group or sues you, and you need clear and convincing evidence to overcome it (§ 42-3505.02). Eviction records are sealed 30 days after a case ends without a judgment for possession and 3 years after one that ends with it (§ 42-3505.09).

Federal rules that can change the DC timeline

If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, the CARES Act may require 30 days’ notice to vacate (15 U.S.C. 9058(c)). The 120-day moratorium ended in 2020, but the 30-day text remains in the statute and courts have split on whether it still applies, so 30 days in place of the 10-day notice avoids the fight. Before any default, file the SCRA affidavit (50 U.S.C. 3931).

DC eviction timeline at a glance

This table follows an uncontested rent case from notice to eviction.

Worked example: one nonpaying unit in a DC building

Assume a unit in a 24-unit Northwest DC building rents for $1,950 a month, or $64.11 a day, and October 1, 2027 rent goes unpaid. You post and mail the 10-day notice on Saturday, October 2. Assume an attorney charges $1,200 for an uncontested case.

You file on Tuesday, October 12. If the summons is served that day and the hearing is set exactly 14 days out, it’s Tuesday, October 26. The tenant doesn’t appear, you file Form 114 and the redemption notice, and the writ issues. If the Marshals’ date falls exactly 21 days after your notice, the earliest eviction is Tuesday, November 16, and belongings stay until Wednesday, November 24.

That minimum path covers 47 days, or $3,013 in lost rent plus $1,200, a total of $4,213. At a building with a federally backed loan, using a 30-day notice adds 20 days and $1,282, for $5,495. Every extra day from a later hearing, the Marshals’ calendar or weather adds $64.11.

Selling a DC apartment building with tenants in place

Before you sell a building with five or more units, the Tenant Opportunity to Purchase Act requires a written offer of sale to every tenant and to the District (§§ 42-3404.02, 42-3404.03). Tenants get 45 days to register a tenant organization, or 30 days if one already exists, then at least 120 days to negotiate and at least 120 days after contracting to close, extendable to 240 days on a lender’s written estimate (§ 42-3404.11). They also get 15 days to match a third-party contract (§ 42-3404.08).

The RENTAL Act narrowed TOPA. Rights now vest when the offer is received, so tenants who move in later don’t get them. Buildings with a new multifamily certificate of occupancy issued within 15 years before the sale are exempt, with notice to tenants (§ 42-3404.02b). A transfer of a majority interest in an entity whose main asset is the building still counts as a sale.

A pending eviction doesn’t stop a sale. Leases and just-cause rules stay with the building, so disclose every notice, case and writ date and gather tenant estoppel certificates. A signed cash for keys agreement often costs less than the 47-day path above.

Selling your DC apartment building to Skyline

Skyline Capital Investments buys apartment buildings with five or more units in Washington, DC and nationwide with tenants in place, including buildings with nonpaying tenants or cases in the Landlord and Tenant Branch. We work within the TOPA timeline rather than around it.

Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.