Eviction Notice & Unlawful Detainer Complaint

DISTRICT OF COLUMBIA EVICTION NOTICE AND COMPLAINT FOR POSSESSION PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Notice to Cure or Vacate / Notice to Vacate (D.C. Code § 42-3505.01)
3. Part B — Certificate of Service of Notice
4. Part C — Verified Complaint for Possession of Real Estate (Landlord & Tenant Branch)
5. Part D — Verification
6. Part E — Servicemember (Military) Affidavit
7. District of Columbia Practice Notes
8. Sources and References

1. PACKAGE OVERVIEW

The District of Columbia is one of the few jurisdictions limited to "for cause" (just-cause) eviction. A landlord ("housing provider") may evict only for an enumerated ground in D.C. Code § 42-3505.01. The expiration of a lease is NOT, by itself, cause for eviction — a tenant who continues to pay rent may remain (the "perpetual tenancy"). This package contains (a) the pre-suit Notice required by § 42-3505.01 and (b) the Verified Complaint for Possession of Real Estate filed in the Superior Court of the District of Columbia, Civil Division — Landlord and Tenant Branch. There is no self-help eviction; only a court judgment, a writ of restitution, and the U.S. Marshals Service may remove a tenant.

Notice / grounds at a glance (D.C. Code § 42-3505.01):

RECENT REFORM — flag for review. The pre-filing notice period for nonpayment of rent was reformed. The CURRENT version of § 42-3505.01(a-1)(1) requires the housing provider to give notice of intent to file at least 10 days before filing the claim (the prior/permanent codification stated 30 days). The $600 minimum remains: no notice may issue, and no case may be filed, if the unpaid rent is less than $600. The statutory notice text continues to advise tenants of the right to remain by paying the full balance. Verify the current effective version and the exact required notice language before serving.

2. PART A — NOTICE TO CURE OR VACATE / NOTICE TO VACATE (D.C. Code § 42-3505.01)

[CHECK ONE — select the statutorily prescribed ground]

• ☐ NOTICE OF INTENT TO FILE FOR NONPAYMENT OF RENT (§ 42-3505.01(a-1)) — at least 10 days before filing; only if unpaid rent is at least $600
• ☐ 30-DAY NOTICE TO CORRECT OR VACATE (§ 42-3505.01(b)) — violation of an obligation of the tenancy other than nonpayment
• ☐ 30-DAY NOTICE TO VACATE — ILLEGAL ACT (§ 42-3505.01(c)) — court-determined illegal act
• ☐ 10-DAY NOTICE TO VACATE — DANGEROUS/VIOLENT CRIME (§ 42-3505.01(c)(2)) — for cases filed after 12/31/2025
• ☐ 90-DAY NOTICE TO VACATE (§ 42-3505.01(d) or (e)) — owner personal use / contracted sale
• ☐ 180-DAY NOTICE TO VACATE (§ 42-3505.01(g) or (i)) — demolition / discontinuance of housing use

NOTICE TO [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], Washington, DC [ZIP] (the "Premises")

Date of Notice: [__/__/____]

Housing Provider / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

IF NOTICE OF INTENT TO FILE FOR NONPAYMENT OF RENT (§ 42-3505.01(a-1))

The total amount of rent owed is $[____]. A ledger showing the dates of rent charges and payments for the period of delinquency is attached. You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full.

[HOUSING PROVIDER NAME] has the right to file a case in court seeking your eviction if the amount of rent you owe is equal to at least $600 and you do not pay the balance of unpaid rent in full within 30 days of this notice. If the amount you owe is lower than $600, [HOUSING PROVIDER NAME] can notify you of the amount due but cannot file a case in court seeking your eviction.

You have the right to defend yourself in court. Only a court can order your eviction. For further help or to seek free legal services, contact the Office of the Tenant Advocate at 202-719-6560 or the Landlord Tenant Legal Assistance Network at 202-780-2575.

IF 30-DAY NOTICE TO CORRECT OR VACATE (§ 42-3505.01(b))

You are hereby notified that you are violating the following obligation of your tenancy (other than nonpayment of rent): [DESCRIBE THE VIOLATION WITH SPECIFICITY]. You must CORRECT this violation within THIRTY (30) DAYS after receiving this notice. If you fail to correct the violation within 30 days, the housing provider may file an action to recover possession of the Premises under D.C. Code § 42-3505.01(b).

IF 30-DAY / 10-DAY NOTICE TO VACATE — ILLEGAL ACT (§ 42-3505.01(c))

You are hereby notified that a court of competent jurisdiction has determined that an illegal act was performed within the rental unit or housing accommodation, namely: [DESCRIBE]. You must vacate and deliver up possession of the Premises within [30 / 10] days.

IF 90-DAY / 180-DAY NOTICE TO VACATE (§ 42-3505.01(d), (e), (g), (i))

You are hereby notified that the housing provider intends to recover possession of the Premises for [☐ the owner's immediate and personal use and occupancy (§ (d)) / ☐ a contracted sale for the buyer's personal use and occupancy (§ (e)) / ☐ demolition (§ (g)) / ☐ discontinuance of housing use (§ (i))]. You must vacate on or before [__/__/____], which is at least [90 / 180] days after this notice.

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

____________________________________

[HOUSING PROVIDER / AGENT NAME], [TITLE]

3. PART B — CERTIFICATE OF SERVICE OF NOTICE

I, [SERVER NAME], certify that on [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing Notice on [TENANT NAME] in the manner indicated below:

• ☐ Personal / hand delivery to the rental unit.
• ☐ Posting on the front door of the rental unit (a timestamped photograph showing the date and time has been preserved for filing with the court).
• ☐ Certified mail / delivery service with tracking confirmation, return receipt requested.
• ☐ Copy served on the Rent Administrator (required for all grounds other than nonpayment of rent).
• ☐ Notice provided in the tenant's primary language (if the provider knows the tenant speaks a language covered under § 2-1933 other than English/Spanish).

____________________________________

[SERVER NAME]

Address: [________________________________]

4. PART C — VERIFIED COMPLAINT FOR POSSESSION OF REAL ESTATE (LANDLORD & TENANT BRANCH)

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION — LANDLORD AND TENANT BRANCH

Case No.: [________________________________]

VERIFIED COMPLAINT FOR POSSESSION OF REAL ESTATE

(D.C. Code § 42-3505.01; Superior Court Rules of the Landlord and Tenant Branch)

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [housing provider / owner / authorized agent] of the residential rental Premises located at [ADDRESS], Washington, DC [ZIP].

2. Defendant [TENANT NAME] occupies the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] at a rent of $[____] per month, payable in advance on the [____] day of each month.

3. Plaintiff holds a current basic business license for rental housing issued under D.C. Code § 47-2828(c)(1) (or the Court has waived the requirement).

4. The Premises [☐ is / ☐ is not] a "covered dwelling" under the federal CARES Act, 15 U.S.C. § 9058, and [☐ is / ☐ is not] subject to rent control (D.C. Rental Housing Act).

CLAIM FOR POSSESSION

5. Plaintiff realleges paragraphs 1 through 4.

6. Cause for possession exists under D.C. Code § 42-3505.01 because Defendant has [☐ failed to pay rent of $[____] (at least $600) due for the period [__/__/____] through [__/__/____] (§ (a-1)) / ☐ violated an obligation of the tenancy other than nonpayment and failed to correct within 30 days (§ (b)) / ☐ been determined by a court to have performed an illegal act in the unit (§ (c)) / ☐ remained after a 90/180-day notice for owner use, sale, demolition, or discontinuance (§ (d)/(e)/(g)/(i))].

7. On [__/__/____], Plaintiff served the statutorily required Notice pursuant to D.C. Code § 42-3505.01([a-1 / b / c / d / e / g / i]), in compliance with the service requirements of § 42-3505.01(a)–(a-1), and (for grounds other than nonpayment) served a copy upon the Rent Administrator. A true and correct copy of the Notice is attached as Exhibit A, and the proof of service (including a timestamped photograph if posted) is Exhibit B.

8. The required notice period has fully elapsed, and Defendant has failed to [pay the rent demanded / correct the violation / vacate the Premises]. Defendant remains in possession without Plaintiff's consent.

9. Plaintiff is entitled to a judgment for possession and a writ of restitution.

WHEREFORE, Plaintiff demands judgment against Defendant for possession of the Premises, issuance of a writ of restitution (to be executed by the U.S. Marshals Service), costs, and — where claimed and permitted — unpaid rent and reasonable attorney's fees, and such other relief as the Court deems just.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

____________________________________

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, D.C. Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. PART D — VERIFICATION

I, [PLAINTIFF / AFFIANT NAME], declare under penalty of perjury under the laws of the District of Columbia that I have read the foregoing Verified Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at Washington, DC.

____________________________________

[PLAINTIFF NAME], Plaintiff

6. PART E — SERVICEMEMBER (MILITARY) AFFIDAVIT

District of Columbia, ss:

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT in active military service within the meaning of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

3. ☐ [TENANT NAME] IS in active military service; protections under the SCRA apply.

4. ☐ I am unable to determine the military status of Defendant.

____________________________________

[AFFIANT NAME]

Subscribed and sworn to (or affirmed) before me this [____] day of [________________], 20[____].

____________________________________
Notary Public, District of Columbia
My Commission Expires: [__/__/____]

7. DISTRICT OF COLUMBIA PRACTICE NOTES

• For-cause only. A landlord may evict only for an enumerated ground in § 42-3505.01. Lease expiration alone is not cause; a rent-paying tenant may remain. Plead and prove a statutory ground.
• Nonpayment — 10-day pre-filing notice + $600 floor (RECENT REFORM). The current § 42-3505.01(a-1)(1) requires notice of intent to file at least 10 days before filing; no notice/filing if the unpaid rent is less than $600. The notice text advises the tenant of the right to remain by paying the full balance. The earlier permanent codification said 30 days — confirm which version is currently in effect and use the exact statutory language.
• Pay-and-stay / redemption. A tenant sued solely for nonpayment can prevent eviction by paying the full arrearage (the "Trans-Lux" amount) up to the eviction. Plead the amount precisely.
• 30-day cure for lease violations (§ (b)). Violations other than nonpayment require a 30-day notice to correct or vacate; the notice (and all non-nonpayment notices) must also be served on the Rent Administrator.
• Illegal act (§ (c)). Requires a court determination; 30-day notice (10-day with an expedited 20-day hearing for a dangerous crime/crime of violence in cases filed after 12/31/2025). Tenant defenses include lack of knowledge and victim status (§ (c)(2)(B), (c-1)).
• No-fault grounds. Owner personal use and contracted sale = 90 days (§ (d)/(e)); alterations/renovations and substantial rehabilitation = 120 days (§ (f)/(h)); demolition and discontinuance of housing use = 180 days (§ (g)/(i)). These carry Rent Administrator filings, TOPA right-to-purchase, relocation assistance, and 12-month re-rent bars.
• Service & proof. If a notice or summons is served by posting, a timestamped photograph must be submitted to the court (§ (a)(2)). If the provider knows the tenant speaks a covered language other than English/Spanish, the notice must be in that language (§ (a)(3)). Defective service can lead to dismissal (§ (a)(4)).
• Business license required (§ (q)). The provider must document a current rental-housing business license at the time of filing the writ of restitution (unless waived).
• ERAP stays and rent waiver (§ (r)–(t)). A pending ERAP application can stay the case once; an approved application can require cancellation of a scheduled eviction; failure to provide payment information to an ERAP provider for over 45 days can waive that rent.
• Weather restrictions (§ (k)). No eviction may occur when the forecast high is below 32°F or above 95°F, or when precipitation is falling at the unit (subject to § (k-1) exceptions).
• U.S. Marshals execute evictions. Not the local sheriff. Only a court judgment and writ of restitution, executed by the Marshals, may remove a tenant.

8. SOURCES AND REFERENCES

• D.C. Code § 42-3505.01 (Evictions) — current version — https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.01
• D.C. Code § 42-3505.01 — FindLaw (annotation) — https://codes.findlaw.com/dc/division-vii-property/dc-code-sect-42-3505-01/
• Superior Court of the District of Columbia — Landlord and Tenant Branch — https://www.dccourts.gov/
• Office of the Tenant Advocate — 202-719-6560; Landlord Tenant Legal Assistance Network — 202-780-2575
• D.C. Rental Housing Act (rent control) — Chapter 35, Title 42; TOPA — Chapter 34, Title 42
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; CARES Act § 4024 — 15 U.S.C. § 9058

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A District of Columbia–licensed attorney must review and customize this package before service or filing. The District is a strong for-cause eviction jurisdiction; the nonpayment notice period and required language were recently reformed (verify the current § 42-3505.01(a-1)). Rent-controlled units, subsidized housing, ERAP, and the U.S. Marshals execution process impose additional requirements. Verify all authorities before use.

Last Updated: 2026-06-06