Eviction Notice & Unlawful Detainer Complaint - District of Columbia

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 — Official Verified Complaint and Summons
5. Part D — Official Form Filing Checklist
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) pre-suit Notices for nonpayment, lease violation, and illegal-act routes, and (b) a guide to the official verified complaint and summons forms filed in the Superior Court of the District of Columbia, Civil Division — Landlord and Tenant Branch. Use the companion good-cause notice for owner occupancy, sale, alterations, demolition, substantial rehabilitation, or discontinuance. 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):

CURRENT NONPAYMENT TIMING. Section 42-3505.01(a-1)(1) now states a 10-day pre-filing minimum, but subsection (a-1)(2) still requires notice language telling the tenant the balance must be paid within 30 days. This package honors the longer period represented in the notice and does not file before it expires. The $600 minimum remains: no notice may issue, and no possession case may be filed, if unpaid rent is less than $600.

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)) — prescribed 30-day payment language; 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
  For owner occupancy, sale to an owner occupant, alterations, demolition, substantial rehabilitation, or discontinuance, use the companion Notice of Termination of Tenancy — Good Cause Required. Its separate ground-specific notice and relocation fields are necessary; this Part A covers nonpayment, lease violation, and illegal-act routes.

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: [________________________________]

Specific statutory ground and facts or planned use: [SUBSECTION OF § 42-3505.01; FACTS IN ENOUGH DETAIL TO ASSESS THIS NOTICE]

For every ground other than nonpayment (include this paragraph in the notice served): If you do not comply with this notice after the applicable period expires, the housing provider may file an action in court to evict you. A copy of this notice is being filed with the Rent Administrator at the Rental Accommodations Division, 1909 Martin Luther King Jr. Avenue SE, Washington, DC 20020; telephone (202) 442-9505.

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))

Before serving: This branch uses the ordinary correction route. The separate 14 DCMR § 4301.5 route permits a 30-day notice to vacate without cure only for a federally required subsidized-housing lease ban on threatening criminal activity when the federal one-strike policy would be obstructed by a correction opportunity.

You are hereby notified that you are violating the following substantial obligation in a valid lease or the District's Housing Regulations (other than nonpayment of rent): [CITE THE LEASE OR REGULATION AND DESCRIBE THE VIOLATION WITH DATES AND FACTS]. The violation occurred within six months before service of this notice: [DATE AND FACTS]. You must CORRECT it within THIRTY (30) DAYS after receiving this notice by taking these specific steps: [DESCRIBE ACTIONS]. If you fail to correct it within 30 days, the housing provider may file an action to recover possession of the Premises under D.C. Code § 42-3505.01(b).

You may not have to vacate if the alleged violation is related to an intrafamily offense committed or threatened against you or your minor child, including violence by a partner, relative, roommate, or another person with a close relationship to the victim. The D.C. Office of Human Rights may be able to assist; telephone (202) 727-4559 (14 DCMR § 4301.6).

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. Court and case number: [________]. Order date: [__/__/____]. Appeal status (no appeal pending and time for appeal expired): [________]. Actor, act, date, location, and factual basis: [________]. Court finding that the tenant knew or should have known of the act, if another occupant was the actor: [________].

Selected route: ☐ Ordinary illegal act under § 42-3505.01(c)(1): vacate no earlier than 30 days after service. ☐ Qualifying dangerous crime or crime of violence under § 42-3505.01(c)(2)(A), not committed in self-defense or defense of another: vacate no earlier than 10 days after service. Qualifying § 23-1331 offense and facts excluding self-defense or defense of another: [________]. Reasonable measures considered in good faith to preserve housing for nonoffending occupants, and outcome: [________]. Vacate date: [__/__/____].

The tenant may not have to vacate if the act relates to an intrafamily offense committed or threatened against the tenant or the tenant's minor child, including violence by a partner, relative, roommate, or another person with a close relationship to the victim. The D.C. Office of Human Rights may assist; telephone (202) 727-4559. For the 10-day route, § 42-3505.01(c)(2)(B) also provides defenses if the tenant lacked knowledge or reason to know of the criminal activity, took reasonable steps to prevent it, or was a victim or intended victim.

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

____________________________________

[HOUSING PROVIDER / AGENT NAME], [TITLE]

For every ground other than nonpayment: Serve this completed notice in both English and Spanish, and in any additional covered primary language known or reasonably knowable under 14 DCMR § 4300.22. Matching Spanish notice attached: [YES; IDENTIFY COPY]. Other required language and copy, if any: [________].

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] as documented below. Repeat this record for each tenant demanded to vacate.

For a nonpayment notice, complete both Channel A and Channel B:

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 has been preserved for filing with the court.

For every ground other than nonpayment, select the completed service route:

• ☐ Personal delivery to the tenant.
• ☐ Tenant has left the District or could not be found; copy left with [NAME], a person older than 16 residing in or possessing the unit. Basis for this route: [________].
• ☐ After diligent and conscientious efforts to use the preceding routes, copy posted where it could be read on [__/__/____], a timestamped photograph retained, and a copy mailed by first-class U.S. mail, postage prepaid, to the unit within three calendar days on [__/__/____]. Attempts, reason other routes failed, and photograph reference: [________].

For every ground other than nonpayment: English and Spanish copies served together: [YES; RECORD]. Additional covered primary language, if known or reasonably knowable, and copy served: [________]. Copy and service certification filed with the Rent Administrator within five business days: [DATE; METHOD; CONFIRMATION].

____________________________________

[SERVER NAME]

Address: [________________________________]

4. PART C — OFFICIAL VERIFIED COMPLAINT AND SUMMONS

The Landlord and Tenant Branch requires a verified complaint completed on its official Form 1A, 1B, 1C, or 1D, selected by the claim. Use the current D.C. Courts complaint forms for filing; this guide is not itself a complaint.

Complete the chosen court form, including its own verification under penalty of perjury and signature. Form 1A provides that verification on the court form; a separate notarization is not required by its verification block. Submit the completed complaint with the court's Form 1S summons and the copies required by Landlord and Tenant Rule 3(a). Include any notice, service declaration, lease excerpts, or other attachments the selected court form and applicable law require.

5. PART D — OFFICIAL FORM FILING CHECKLIST

☐ Select the correct current court complaint form (1A, 1B, 1C, or 1D) for the claim stated in the notice.

☐ Complete every applicable field, including the rental registration or exemption, license, amount and dates, subsidy information, and defendant contact information if known.

☐ Sign and complete the verification under penalty of perjury on the chosen official complaint form; follow any form-specific signature instructions.

☐ Attach the required notice and proof of service, plus any other exhibit called for by the chosen form.

☐ Prepare the court's Form 1S summons and the required defendant copies; follow the court's current filing and service instructions.

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 statutory minimum, 30-day notice representation, and $600 floor. Current § 42-3505.01(a-1)(1) states a 10-day pre-filing minimum. The prescribed text in subsection (a-1)(2), however, tells the tenant the housing provider may file if the balance is not paid within 30 days. Use that exact or substantively similar language and do not file before the represented 30-day payment period expires. No notice or possession filing is permitted below $600.
• 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)). Check each selected ground separately for Rent Administrator filings, Chapter 34 purchase rights, relocation assistance, and restrictions on later rental use. Section 42-3404.09 generally excludes single-family accommodations from TOPA purchase rights, subject to its protected-tenant route.
• 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 execution restrictions (§ (k)). No eviction may occur 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 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 forms and filing instructions — https://www.dccourts.gov/superior-court/superior-court-divisions/civil-division/landlord-and-tenant
• 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: 2026-10-24