Legal Notice - Eviction

DISTRICT OF COLUMBIA EVICTION NOTICE

Notice to Cure or Vacate / Notice to Vacate

Compliant with the Rental Housing Act of 1985, as amended -- D.C. Code § 42-3505.01

IMPORTANT: The District of Columbia requires JUST CAUSE for all evictions. No-fault evictions of residential tenants are prohibited under D.C. law.

HOUSING PROVIDER INFORMATION

Housing Provider (Landlord) Name: [________________________________]

Business Address: [________________________________]

City: Washington State: D.C. ZIP: [____]

Telephone: [________________________________]

Email: [________________________________]

D.C. Housing Provider License No.: [________________________________]

D.C. Basic Business License No.: [________________________________]

Rental Accommodation Registration No. (with Rent Administrator): [________________________________]

TENANT INFORMATION

Tenant Full Legal Name(s):

1. [________________________________]
2. [________________________________]
3. [________________________________]

And all other occupants and persons in possession.

RENTAL UNIT INFORMATION

Property Address: [________________________________]

Unit/Apartment No.: [________________________________]

City: Washington, D.C. ZIP: [____]

Lease/Rental Agreement Date: [__/__/____]

Monthly Rent Amount: $[________________________________]

Lease Type: ☐ Written Lease ☐ Oral Agreement ☐ Month-to-Month

DATE AND SERVICE INFORMATION

Date of This Notice: [__/__/____]

Date of Service on Tenant: [__/__/____]

Date of Service on D.C. Rent Administrator: [__/__/____]

(D.C. Code § 42-3505.01 requires that notices for all grounds other than non-payment of rent must be served on both the Tenant and the Rent Administrator.)

PART I: GROUND FOR EVICTION (JUST CAUSE REQUIRED)

Select ONE ground for eviction. D.C. law requires just cause. Complete the corresponding section in Part II.

☐ A. Non-Payment of Rent -- 30-Day Notice to Pay or Vacate
(D.C. Code § 42-3505.01(a)(1); minimum $600 arrearage required to file court action)

☐ B. Violation of Obligation of Tenancy -- 30-Day Notice to Cure or Vacate
(D.C. Code § 42-3505.01(a)(2))

☐ C. Illegal Act on the Premises -- 30-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(3))

☐ D. Dangerous or Violent Crime on the Premises -- 10-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(3); applies to "dangerous crimes" and "crimes of violence" as defined)

☐ E. Owner Personal Use and Occupancy -- 90-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(4))

☐ F. Contract Purchaser Personal Use and Occupancy -- 90-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(5))

☐ G. Renovation or Alteration Requiring Vacating -- 120-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(6))

☐ H. Demolition of Rental Unit -- 180-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(8))

☐ I. Substantial Rehabilitation -- 120-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(7))

☐ J. Discontinuance of Housing Use -- 180-Day Notice to Vacate
(D.C. Code § 42-3505.01(a)(9))

☐ K. Conversion to Condominium or Cooperative -- Notice per D.C. Code § 42-3402.06(c)
(D.C. Code § 42-3505.01(a)(10))

PART II: DETAILED STATEMENT OF GROUNDS

Section A: Non-Payment of Rent

Tenant has failed to pay rent as required under the Lease/rental agreement. The total balance of unpaid rent equals or exceeds $600.00, which is the statutory minimum required under D.C. Code § 42-3505.01(a)(1) before a court action may be filed.

Rent Ledger:

Total Unpaid Rent: $[________________________________]

Late Fees (if applicable): $[________________________________]

Total Amount Due: $[________________________________]

IMPORTANT TENANT RIGHTS -- NON-PAYMENT:

1. You have thirty (30) days from the date you receive this Notice to pay the total balance of unpaid rent in full.
2. If you pay the total balance in full within the 30-day period, this Notice is withdrawn and your tenancy continues.
3. Late fees alone cannot be the basis for an eviction action in the District of Columbia.
4. If you have applied for or are receiving Emergency Rental Assistance Program (ERAP) benefits, you may have additional protections. Notify your Housing Provider and the court immediately.

Payment must be made by: ☐ Certified Funds ☐ Money Order ☐ Cashier's Check ☐ Personal Check ☐ Other: [________________________________]

Payment must be delivered to: [________________________________]

Section B: Violation of Obligation of Tenancy

Tenant has violated the following obligation(s) of the tenancy:

Lease Provision(s) Violated: [________________________________]

Description of Violation(s):

[________________________________]

[________________________________]

[________________________________]

Date(s) of Violation: [________________________________]

NOTICE: Pursuant to D.C. Code § 42-3505.01(a)(2), Tenant has thirty (30) days from receipt of this Notice to cure the violation(s) described above. If the violation(s) are not fully cured within the 30-day period, the Housing Provider may file an action for possession in the Superior Court of the District of Columbia, Landlord and Tenant Branch.

Section C: Illegal Act on the Premises

A court of competent jurisdiction has determined, or the Housing Provider has reasonable grounds to believe, that Tenant or a person occupying the Premises with Tenant's permission has performed an illegal act within the rental unit or the housing accommodation, specifically:

[________________________________]

[________________________________]

Date(s) of Illegal Activity: [________________________________]

Police Report No. (if applicable): [________________________________]

NOTICE: Pursuant to D.C. Code § 42-3505.01(a)(3), Tenant has thirty (30) days from receipt of this Notice to vacate the Premises. No cure is available for this ground.

Section D: Dangerous or Violent Crime

The Housing Provider has reasonable cause to believe that Tenant or a person occupying the Premises with Tenant's permission committed a dangerous crime or crime of violence, as defined in D.C. Code, on the Premises or in the housing accommodation:

[________________________________]

[________________________________]

NOTICE: Pursuant to D.C. Code § 42-3505.01(a)(3), Tenant has ten (10) days from receipt of this Notice to vacate the Premises. The court must hold a hearing within 20 days of filing.

TENANT DEFENSES: The tenant may assert the following defenses: (a) the tenant was a victim of the crime; (b) the tenant did not know and had no reason to know of the criminal activity; or (c) the tenant took reasonable steps to prevent the criminal activity.

Section E: Owner Personal Use and Occupancy

The owner of the rental unit (who must be a natural person) requires the unit for their own personal use and occupancy as a primary residence, or for the use of a member of the owner's immediate family.

Name of Person Who Will Occupy: [________________________________]

Relationship to Owner: ☐ Self ☐ Spouse ☐ Domestic Partner ☐ Child ☐ Parent ☐ Sibling

NOTICE: Pursuant to D.C. Code § 42-3505.01(a)(4), Tenant has ninety (90) days from receipt of this Notice to vacate.

RESTRICTION: If the owner does not occupy the unit within the time specified by statute, no rent may be collected from a subsequent tenant for 12 months.

Section F: Contract Purchaser Personal Use and Occupancy

A person who has contracted to purchase the rental unit requires the unit for personal use and occupancy as a primary residence.

Name of Purchaser: [________________________________]

Contract Date: [__/__/____]

NOTICE: Pursuant to D.C. Code § 42-3505.01(a)(5), Tenant has ninety (90) days from receipt of this Notice to vacate.

Sections G-K: Renovation, Demolition, Substantial Rehabilitation, Discontinuance, or Conversion

(Complete applicable details below)

Specific Ground Selected: [________________________________]

Description of Planned Action: [________________________________]

Permit/Application No. (if applicable): [________________________________]

Plans Filed with Rent Administrator on: [__/__/____]

Notice Period: [________________________________] days

Tenant Right of Return (if applicable): ☐ Yes ☐ No

Relocation Assistance Required: ☐ Yes ☐ No

PART III: REQUIRED DISCLOSURES

Tenant Rights Under D.C. Law

1. Just Cause Protection. Under D.C. Code § 42-3505.01, no tenant may be evicted except for the specific grounds enumerated by statute. This Notice identifies the applicable ground.

2. Right to Cure. For non-payment of rent and lease violations, you have the right to cure the default within the notice period. If cured, the tenancy continues.

3. Right to Contest. You have the right to contest this eviction in the Superior Court of the District of Columbia, Landlord and Tenant Branch. You may raise defenses including but not limited to: improper notice, retaliatory eviction (D.C. Code § 42-3505.02), discrimination, housing code violations, and ERAP benefits.

4. Right to Counsel. You may be entitled to free legal representation. Contact:
   - D.C. Bar Pro Bono Center: (202) 737-4700
   - Legal Aid Society of D.C.: (202) 628-1161
   - Bread for the City: (202) 265-2400

5. Weather-Related Protections. Under D.C. law, courts will not execute evictions when the real temperature, including wind chill, is 32 degrees Fahrenheit or below, or during precipitation, except in cases of illegal activity, abandonment, or imminent health or safety hazard.

6. Domestic Violence Protections. It is a defense to an eviction action if the tenant is a victim, or is the parent or guardian of a minor victim, of an intrafamily offense, and the intrafamily offense is the basis for the notice to vacate. See D.C. Code § 42-3505.01(c-1).

7. Rent Administrator Notice. For all grounds other than non-payment of rent, this Notice must also be filed with the D.C. Rent Administrator. Failure to do so may invalidate the Notice.

8. Emergency Rental Assistance. If you have a pending ERAP application, the court may stay eviction proceedings.

PART IV: SURRENDER OBLIGATIONS

Upon vacating, Tenant shall:

1. Remove all personal property from the rental unit;
2. Return all keys, access devices, and parking passes to the Housing Provider;
3. Leave the unit in the condition required by the Lease, ordinary wear and tear excepted;
4. Provide a forwarding address for the return of the security deposit pursuant to D.C. Code § 42-3502.08;
5. Disconnect or transfer all utilities in Tenant's name.

Note: Under D.C. Code § 42-3505.01a, the Housing Provider must store abandoned personal property for a minimum period and follow specific procedures before disposal. Self-help evictions are illegal in the District of Columbia.

PART V: CONSEQUENCES OF FAILURE TO COMPLY

If Tenant fails to cure (where permitted) or vacate within the notice period, the Housing Provider may:

1. File an action for possession in the Superior Court of the District of Columbia, Landlord and Tenant Branch, located at 510 4th Street NW, Washington, D.C. 20001;
2. Seek a judgment for possession, past-due rent, court costs, and reasonable attorney's fees (where permitted);
3. Obtain a writ of restitution to be executed by the U.S. Marshals Service;
4. Pursue all other remedies available under D.C. law.

SELF-HELP EVICTIONS ARE PROHIBITED. The Housing Provider may not change locks, shut off utilities, remove doors or windows, or otherwise attempt to force the Tenant out without a court order. Violations may subject the Housing Provider to civil and criminal penalties.

PART VI: RESERVATION OF RIGHTS

Nothing in this Notice shall be construed as a waiver of any rights or remedies available to the Housing Provider under the Lease, D.C. Code, or applicable law. All rights are expressly reserved and are cumulative, not exclusive. Acceptance of partial rent shall not constitute a waiver of this Notice unless the Housing Provider agrees in a signed writing.

PART VII: METHOD OF SERVICE

This Notice was served on the Tenant by the following method(s):

☐ Personal delivery to Tenant at the Premises on [__/__/____] at [____] a.m./p.m.

☐ Personal delivery to a person of suitable age and discretion residing at the Premises, namely [________________________________], on [__/__/____].

☐ Certified mail, return receipt requested, to Tenant at the Premises. Date mailed: [__/__/____]. Tracking No.: [________________________________]

☐ Posting a true copy in a conspicuous place on the Premises AND mailing a true copy via first-class U.S. Mail, postage prepaid, to Tenant at the Premises, on [__/__/____].

Photograph of posted notice taken on [__/__/____] at [____] a.m./p.m.
(D.C. Code § 42-3505.01 requires a photograph with readable timestamp if service is by posting.)

Copy served on D.C. Rent Administrator on [__/__/____] by: ☐ Hand delivery ☐ Mail ☐ Electronic filing

PART VIII: CERTIFICATE OF SERVICE

I, [________________________________], being at least 18 years of age and not a party to this matter, certify under penalty of perjury that on [__/__/____], I served a true and correct copy of this Notice to Vacate upon the above-named Tenant(s) by the method(s) indicated in Part VII above, and that the facts stated herein are true to the best of my knowledge.

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

PART IX: HOUSING PROVIDER EXECUTION

Signature: _______________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Entity Name (if applicable): [________________________________]

Date: [__/__/____]

PART X: OPTIONAL NOTARIZATION

District of Columbia ss.

Subscribed and sworn before me this [____] day of [________________________________], 20[____].

Notary Signature: _______________________________________________

Notary Printed Name: [________________________________]

Commission Expires: [__/__/____]

PRACTICE NOTES FOR COUNSEL

1. Just Cause Mandatory. D.C. is among the strongest tenant-protection jurisdictions in the nation. Every eviction must be based on a specific statutory ground under D.C. Code § 42-3505.01. There is no "no-fault" or "no-cause" termination of a residential tenancy.

2. $600 Minimum for Non-Payment. A court action for non-payment may not be filed unless the total unpaid rent balance is at least $600. Late fees alone do not count toward this threshold.

3. 30-Day Cure Period. For non-payment and lease violations, the tenant must receive a full 30 days to cure before an action may be filed. If the tenant pays in full within 30 days, the notice is nullified.

4. Rent Administrator Filing. All notices except non-payment must be concurrently served on the Rent Administrator. Failure to do so is a defense to the eviction.

5. Photograph Requirement. If notice is served by posting, a photograph with a readable timestamp must be provided to the court. Ensure the photograph clearly shows the notice posted at the Premises.

6. ERAP and Emergency Protections. Courts may stay eviction proceedings if the tenant has a pending emergency rental assistance application. Verify current emergency orders and moratoria.

7. Weather Restrictions. Courts will not execute writs of restitution during freezing temperatures or precipitation, except in limited circumstances.

8. Retaliatory Eviction. D.C. Code § 42-3505.02 prohibits eviction in retaliation for tenant complaints about housing conditions, organizing, or exercising legal rights. A rebuttable presumption of retaliation exists if eviction is filed within 6 months of a protected activity.

9. Language Access. If the tenant's primary language is not English and is a covered language under D.C. Language Access Act, provide a translated copy of the notice.

SOURCES AND REFERENCES

• D.C. Code § 42-3505.01 -- Evictions (Just Cause Requirements)
• D.C. Code § 42-3505.01a -- Storage and Disposal of Personal Property
• D.C. Code § 42-3505.02 -- Retaliatory Eviction
• D.C. Code § 42-3502.05 -- Registration Requirements
• D.C. Code § 42-3502.08 -- Security Deposits
• D.C. Code § 42-3509.04 -- Notice Requirements
• D.C. Code § 42-3402.06 -- Condominium Conversion
• D.C. Code § 16-1501 et seq. -- Forcible Entry and Detainer
• D.C. Superior Court Landlord-Tenant Branch Filing Procedures
• D.C. Office of the Tenant Advocate: https://ota.dc.gov

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review and customization by a licensed D.C. attorney. Laws change frequently; verify all citations before use.