Complaint for Possession of Real Estate (L&T Branch) — District of Columbia

COMPLAINT FOR POSSESSION OF REAL ESTATE — LANDLORD AND TENANT BRANCH — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Description of the Premises
5. The Tenancy
6. Statutory Basis for Recovery of Possession
7. Pre-Suit Notice
8. Compliance with Licensing and Registration Requirements
9. Non-Retaliation and Anti-Discrimination Affirmation
10. Damages — Money Judgment for Rent (If Sought)
11. Prayer for Relief
12. Verification
13. Demand for Trial — and Jury Demand if Applicable
14. Signature Block — Plaintiff / Counsel
15. Required Attachments
16. Certificate of Service
17. Notice to Tenant Defendant — Required Disclosures
18. D.C. Practice Notes
19. Sources and References

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION — LANDLORD AND TENANT BRANCH

Case Number: [________________________________]

COMPLAINT FOR POSSESSION OF REAL ESTATE

(D.C. Code §§ 16-1501 et seq.; 42-3505.01)

2. PARTIES

2.1. Plaintiff [NAME] ("Housing Provider") is the owner of the rental unit located at the Premises (defined below) and is authorized to bring this action.

2.2. Defendant [TENANT NAME] ("Tenant") occupies the Premises pursuant to the tenancy described below.

2.3. The action is also brought against any and all unknown subtenants, occupants, or persons claiming through the Tenant.

2.4. Plaintiff entity status (if applicable):

☐ Individual / Natural Person

☐ Limited Liability Company organized under the laws of [STATE], registered to do business in D.C.

☐ Corporation organized under the laws of [STATE], registered to do business in D.C.

☐ Partnership / Other (specify): [________]

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this action under D.C. Code § 16-1501.

3.2. The Premises is located in the District of Columbia, and venue is proper in the Landlord and Tenant Branch.

3.3. Plaintiff has standing as the owner / authorized agent of the rental unit.

4. DESCRIPTION OF THE PREMISES

The premises subject to this Complaint (the "Premises") is described as follows:

[STREET ADDRESS, UNIT NUMBER], Washington, District of Columbia [ZIP].

Square: [___] | Lot: [___] | Square Suffix: [___] (if known).

The Premises is a residential rental unit covered by the Rental Housing Act of 1985, D.C. Code § 42-3501.01 et seq.

5. THE TENANCY

5.1. The Tenant occupies the Premises pursuant to:

☐ A written lease dated [__/__/____], attached as Exhibit A; or

☐ An oral month-to-month tenancy commencing [__/__/____].

5.2. The current monthly rent is $[________], due on the [___] day of each month.

5.3. ☐ The Premises IS subject to the District's Rent Stabilization Program (D.C. Code § 42-3502.05).

☐ The Premises IS NOT subject to the Rent Stabilization Program. Exemption type and number: [________].

6. STATUTORY BASIS FOR RECOVERY OF POSSESSION

Plaintiff seeks recovery of possession on the following ground(s) under D.C. Code § 42-3505.01 (check ONE primary ground; secondary grounds may be added if independently noticed):

☐ (a) Nonpayment of Rent. The Tenant has failed to pay rent as set forth in the itemized statement below. The unpaid rent equals or exceeds $600 as required by D.C. Code § 16-1501(b). The Tenant did not pay or vacate within 30 days following service of the Notice to Pay or Vacate.

Total unpaid rent and lawful charges: $[________].

☐ (b) Violation of Tenancy Obligation Other Than Nonpayment. The Tenant breached the following lease obligation: [________________________________]. Plaintiff served a 30-day Notice to Cure or Vacate on [__/__/____], attached as Exhibit C, and the Tenant failed to cure within the cure period.

☐ (c) Illegal Act Within the Rental Unit. The Tenant performed an illegal act within the Premises, specifically: [________________________________]. Plaintiff served notice in compliance with D.C. Code § 42-3505.01(c) on [__/__/____].

☐ (d) Owner Occupancy. A natural person with a freehold interest seeks the unit for immediate and personal use. Plaintiff served a 90-day Notice on [__/__/____].

☐ (e) Sale to Buyer for Personal Occupancy. Plaintiff has in good faith contracted in writing to sell the Premises for the buyer's personal occupancy and has fully complied with TOPA. Plaintiff served a 90-day Notice on [__/__/____].

☐ (f) Alterations / Renovations Requiring Vacancy — 120-day Notice served on [__/__/____].

☐ (g) Demolition — 180-day Notice served on [__/__/____].

☐ (h) Substantial Rehabilitation — 120-day Notice served on [__/__/____].

☐ (i) Discontinuance of Housing Use — 180-day Notice served on [__/__/____].

Description of factual basis for selected ground(s):

[Provide a non-conclusory factual statement supporting the chosen ground.]

7. PRE-SUIT NOTICE

7.1. Plaintiff served the Tenant with a written notice that complies with D.C. Code § 42-3505.01 on [__/__/____], by:

☐ Personal delivery to the Tenant.

☐ Substituted service upon a person of suitable age and discretion at the Premises AND first-class mail.

☐ Conspicuous posting on the main entry door AND first-class mail.

☐ Certified mail, return receipt requested.

7.2. The required notice period for the selected ground is [30 / 90 / 120 / 180] days. The full notice period elapsed prior to filing this Complaint.

7.3. The notice is attached as Exhibit B, with proof of service attached as Exhibit B-1.

8. COMPLIANCE WITH LICENSING AND REGISTRATION REQUIREMENTS

Plaintiff certifies, as required by D.C. Code § 16-1501(c):

8.1. Basic Business License — Housing Rental Endorsement. Plaintiff holds a current BBL with the appropriate housing rental endorsement.

License No.: [___________] | Issue Date: [__/__/____] | Expiration: [__/__/____].

A copy is attached as Exhibit D.

8.2. Rental Accommodations Division (RAD) Registration / Exemption. Plaintiff holds:

☐ A valid registration of the Premises with RAD (Registration No. [___________]); or

☐ A current claim of exemption (Exemption No. [___________], type [________]).

A copy is attached as Exhibit E.

8.3. ☐ If Plaintiff has been unable to obtain or renew the rental license due to extenuating circumstances (medical emergency, agency delay, tenant refusal of inspection or repairs), Plaintiff requests waiver under D.C. Code § 16-1501(c)(2). Documentation attached as Exhibit D-1.

9. NON-RETALIATION AND ANTI-DISCRIMINATION AFFIRMATION

9.1. No retaliation. This action is not retaliatory within the meaning of D.C. Code § 42-3505.02. Plaintiff is unaware of any protected activity by the Tenant within the preceding six (6) months that would give rise to a presumption of retaliation, or, if any such activity is alleged, Plaintiff will rebut any presumption with clear and convincing evidence.

9.2. No discrimination. This action is not motivated by any class protected by D.C. Code § 2-1402.21, including but not limited to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income (including Section 8 / Housing Choice Voucher), sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, or homeless status.

10. DAMAGES — MONEY JUDGMENT FOR RENT (IF SOUGHT)

10.1. If a money judgment for unpaid rent is sought in addition to possession, Plaintiff alleges the following damages:

• Unpaid rent through filing date: $[________]
• Lawful late fees (capped at 5% per D.C. Code § 42-3505.31): $[________]
• Court costs: $[________]
• Attorney fees, if authorized by the lease and not preempted: $[________]

10.2. Tenant's Right to Redeem in Nonpayment Cases. Under D.C. Code § 42-3505.01(a-1), the Tenant has the right to stop the eviction by paying the full balance of unpaid rent, lawful late fees, and any court costs at any time before judgment, and the Plaintiff may not refuse such tender.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

A. Judgment for possession of the Premises against Defendant(s);

B. Issuance of a writ of restitution to be executed by the U.S. Marshals Service;

C. ☐ Money judgment for unpaid rent and lawful charges in the amount set forth above (if sought);

D. Court costs;

E. ☐ Attorney fees, where authorized by the lease and applicable law;

F. Such other and further relief as this Court deems just and proper.

12. VERIFICATION

I, [NAME], having authority to verify this Complaint on behalf of Plaintiff, declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct to the best of my knowledge and belief.

Date: [__/__/____]

Signature: ______________________________________________

Printed Name: [________________________________]

Title / Capacity: [________________________________]

13. DEMAND FOR TRIAL — AND JURY DEMAND IF APPLICABLE

13.1. Plaintiff demands trial by:

☐ Magistrate Judge / Bench Trial

☐ Jury Trial under D.C. Code § 16-1503 and L&T Rule 6 (must be in writing on or before the initial hearing).

13.2. The initial hearing in L&T cases is scheduled by the Clerk no fewer than 35 calendar days after filing. Defendant is notified that any jury demand must be filed in writing in the L&T Clerk's Office before, or in open court at, the initial hearing. The Court may continue the case for up to two weeks to allow the parties to prepare a jury demand.

14. SIGNATURE BLOCK — PLAINTIFF / COUNSEL

[ATTORNEY NAME], D.C. Bar No. [___________]

[FIRM NAME]

[STREET ADDRESS], Washington, DC [ZIP]

Telephone: [___-___-____] | Email: [________________________________]

Counsel for Plaintiff

Signature: ______________________________________________

Date: [__/__/____]

15. REQUIRED ATTACHMENTS

16. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served a copy of this Complaint, the summons, and all attachments on the Defendant(s) by the method(s) authorized under D.C. Code § 16-1502 and L&T Rule 4:

☐ Personal service by [NAME OF SERVER].

☐ Substituted service at the Premises with [NAME], person of suitable age and discretion, AND first-class mail.

☐ Conspicuous posting AND first-class mail (only with prior court permission, where authorized).

Server's Printed Name: [________________________________]

Server's Signature: ______________________________________________

17. NOTICE TO TENANT DEFENDANT — REQUIRED DISCLOSURES

TO THE TENANT DEFENDANT(S):

You have been sued in the Landlord and Tenant Branch of the Superior Court of the District of Columbia. The initial hearing in your case will be held on [__/__/____] at [__:__ a.m./p.m.] in Courtroom B-109 (or as otherwise designated), at 510 4th Street, NW, Washington, DC 20001.

You have the following important rights:

1. Right to free legal help. You may be entitled to a free attorney through the District's Civil Right to Counsel Initiative. Contact:

• Office of the Tenant Advocate: (202) 719-6560 — ota.dc.gov
• Legal Aid Society of D.C.: (202) 628-1161 — legalaiddc.org
• Bread for the City: (202) 386-7610
• Legal Counsel for the Elderly (60+): (202) 234-0970
• LawHelp.org/DC

2. Right to redeem (nonpayment cases). You may stop this case at any time before judgment by paying all rent owed, plus lawful late fees and court costs. D.C. Code § 42-3505.01(a-1).

3. Right to Tenant Bill of Rights. Available at ota.dc.gov.

4. Right to apply for ERAP. If your household earns under 40% AMI, you may apply for the Emergency Rental Assistance Program at dhs.dc.gov.

5. Right to demand a jury trial. You must file a written jury demand in the L&T Clerk's Office before, or at, the initial hearing.

6. Right to defenses. You may raise defenses including: (a) defective notice; (b) Plaintiff's lack of a current rental license or RAD registration; (c) retaliation under § 42-3505.02; (d) discrimination under § 2-1402.21; (e) breach of the implied warranty of habitability under Javins; (f) security deposit setoff; (g) ERAP-application stay; (h) failure to satisfy substantive elements of the cited ground; and (i) any other defense available at law or in equity.

7. Right to record sealing. Eviction court records are subject to automatic sealing under D.C. Code § 42-3505.09 and the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022.

IF YOU DO NOT APPEAR AT THE INITIAL HEARING, A DEFAULT JUDGMENT FOR POSSESSION MAY BE ENTERED AGAINST YOU.

18. D.C. PRACTICE NOTES

• Form 1A. The Superior Court provides Form 1A for L&T complaints. Use Form 1A for filing; this template fills in the required substantive content.
• 35-day initial hearing. The L&T Branch sets initial hearings no fewer than 35 calendar days after filing under DCSC L&T Rules.
• Mediation. The L&T Branch offers mandatory mediation in many cases through the D.C. Multi-Door Dispute Resolution Division.
• Eviction-Free Winter. Evictions cannot be executed when temperatures fall below 32°F or rise above 95°F or when precipitation is falling. D.C. Code § 42-3505.01(k).
• U.S. Marshals. Only the U.S. Marshals Service may execute a writ of restitution in D.C. Plaintiff must schedule the eviction with the Marshals after writ issuance.
• Storage of personal property. D.C. Code § 42-3505.01a governs disposition of tenant personal property after eviction (the unit-side rule).
• Initial-hearing dismissal. Under D.C. Code § 16-1501(d), the Court may dismiss at the initial hearing if the Complaint lacks sufficient facts or documentation, or grant leave to amend.

19. SOURCES AND REFERENCES

• D.C. Code § 16-1501 (Forcible entry and detainer): https://code.dccouncil.gov/us/dc/council/code/sections/16-1501
• D.C. Code Title 16, Chapter 15: https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/15
• D.C. Code § 42-3505.01 (Evictions): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.01
• D.C. Code § 42-3505.01a (Storage and disposal of tenant personal property): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.01a
• D.C. Code § 42-3505.02 (Retaliatory action): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.02.html
• D.C. Code § 42-3505.09 (Eviction record sealing): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.09.html
• D.C. Code § 42-3502.22 (Tenant disclosures): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.22
• D.C. Code § 2-1402.21 (DCHRA): https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.21
• DCSC Landlord and Tenant Branch: https://www.dccourts.gov/superior-court/superior-court-divisions/civil-division/landlord-and-tenant
• DCSC L&T Branch Rules: https://www.dccourts.gov/sites/default/files/superior-rules/Superior%20Court%20Rules%20of%20Procedure%20for%20the%20Landlord%20and%20Tenant%20Branch.pdf
• DCSC Case Management Plan — L&T Branch: https://www.dccourts.gov/sites/default/files/matters-docs/Case-Management-Plan-Landlord-and-Tenant-Branch.pdf
• D.C. Law 24-115 (Eviction Record Sealing & Fairness in Renting Act of 2022): https://code.dccouncil.gov/us/dc/council/laws/24-115
• Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970): https://law.justia.com/cases/federal/appellate-courts/F2/428/1071/172969/
• Office of the Tenant Advocate: https://ota.dc.gov/
• D.C. Department of Human Services — ERAP: https://dhs.dc.gov/service/emergency-rental-assistance-program
• DHCD: https://dhcd.dc.gov/

END OF COMPLAINT