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 unpaid-rent balance remained unpaid after the 30-day payment period stated in the prescribed notice language.

Total unpaid rent, excluding late fees and other non-rent 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. For a nonpayment claim, Plaintiff completed both delivery channels required by D.C. Code § 42-3505.01(a-1)(3):

Channel A — select one:

☐ Certified mail, return receipt requested.

☐ Delivery service providing delivery-tracking confirmation, return receipt requested.

Channel B — select one:

☐ Hand delivery to the rental unit.

☐ Posting on the front door of the rental unit; a photograph with a readable date-and-time stamp is attached.

7.1A. For a ground other than nonpayment, Plaintiff served the written notice on both the Tenant and the Rent Administrator as required by D.C. Code § 42-3505.01(a)(1), and complied with the notice requirements for the selected ground. Method and proof: [DESCRIBE / ATTACH].

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. Rental housing license. Plaintiff holds a current license for rental housing as required by D.C. Code § 16-1501(c)(1).

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. Payment of Unpaid Rent in Nonpayment Cases. The notice prescribed by D.C. Code § 42-3505.01(a-1)(2) states that the Tenant has the right to remain if the total balance of unpaid rent is paid in full. Nonpayment of a late fee cannot be the basis for eviction under § 42-3505.01(a)(1).

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].

☐ When Defendant left the District or could not be found, a copy of the summons was left with [NAME], a person above age 16 residing on or in possession of the Premises.

☐ When Defendant left the District or could not be found, the summons was posted where it could conveniently be read on [__/__/____] at [TIME]; a copy was mailed first-class to the Premises within 3 calendar days on [__/__/____]; a readable timestamped photograph of the posting was submitted to the Court.

Initial hearing date: [__/__/____]. Date summons was served: [__/__/____] (at least 14 days before the hearing under § 16-1502(a)).

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. Payment of unpaid rent (nonpayment cases). The required notice states that you have the right to remain if the total balance of unpaid rent is paid in full. Nonpayment of a late fee cannot be the basis for eviction. D.C. Code § 42-3505.01(a), (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. Defenses and ERAP stay requests. 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) failure to satisfy substantive elements of the cited ground; and (h) any other defense available at law or in equity. In a nonpayment case, you may ask the court for a discretionary stay under § 42-3505.01(r)(1) if you submit documentation showing a pending ERAP application. The court may grant a stay under that subsection once during the case.

7. Right to record sealing. Under D.C. Code § 42-3505.09(a), the Court seals eviction records 30 days after final resolution if the housing provider does not obtain a possession judgment, or 3 years after final resolution if the housing provider does. Subsection (c) allows a tenant to move for earlier sealing on specified grounds.

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.
• Weather execution restrictions. Section 42-3505.01(k) bars eviction when the National Weather Service's 8:00 a.m. National Airport prediction falls below 32°F, when precipitation is falling at the rental unit, or when the 8:00 a.m. prediction rises above 95°F. Subsection (k-1) states exceptions for the specified illegal-act determination, a specific undue-hardship health/welfare/safety finding, or a specific abandonment finding.
• 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