30-Day Notice to Cure or Vacate (Lease Violation) — District of Columbia

30-DAY NOTICE TO CURE OR VACATE (LEASE VIOLATION) — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Caption and Parties
2. Premises and Tenancy
3. Description of Lease Violation
4. Demand to Cure or Vacate
5. Specific Cure Steps Required
6. Tenant Rights and Resources
7. Statement of Compliance with Licensing and Registration
8. Non-Retaliation Statement
9. Consequences of Failure to Cure or Vacate
10. Signature Block — Housing Provider
11. Certificate of Service
12. D.C. Practice Notes
13. Sources and References

1. CAPTION AND PARTIES

NOTICE TO CURE OR VACATE

(30-Day Notice — Lease Violation Other Than Nonpayment — D.C. Code § 42-3505.01(b))

Date of Notice: [__/__/____]

Notice Reference No.: [________________________________]

2. PREMISES AND TENANCY

2.1. The rental unit subject to this Notice (the "Premises") is located at:

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

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

2.3. The Tenant occupies the Premises pursuant to a written lease dated [__/__/____] (the "Lease"). A copy of the Lease is on file with the Housing Provider.

2.4. ☐ The Premises IS subject to the District's Rent Stabilization Program. ☐ NOT subject (exempt).

3. DESCRIPTION OF LEASE VIOLATION

3.1. Lease provision violated. The Tenant is in violation of the following specific obligation(s) of the tenancy under the Lease, the District's Housing Regulations, and/or the Rental Housing Act:

• Lease section/paragraph: [________________________________]
• Text of obligation violated: "[________________________________]"

3.2. Factual description of the violation. The Housing Provider has observed and/or received documented complaints establishing the following facts:

3.3. Categorization (check all that apply):

☐ Unauthorized pet or animal in violation of pet policy

☐ Unauthorized occupant or subletting in violation of Lease and § 42-3505.55

☐ Damage to the Premises beyond ordinary wear and tear

☐ Persistent unreasonable noise / disturbance to other residents

☐ Smoking in violation of lease no-smoking provision

☐ Hoarding or excessive accumulation of property creating a fire/health hazard

☐ Unauthorized alteration of the Premises (e.g., painting, fixtures, locks)

☐ Failure to maintain unit in clean and sanitary condition (Housing Reg. compliance)

☐ Unauthorized commercial or short-term-rental use

☐ Other (specify): [________________________________________________________]

3.4. Supporting documentation. Documentation supporting this Notice (e.g., neighbor complaints, photographs, inspection reports, prior warnings) is on file with the Housing Provider and may be presented in any subsequent court proceeding.

4. DEMAND TO CURE OR VACATE

4.1. YOU ARE HEREBY NOTIFIED under D.C. Code § 42-3505.01(b) that within thirty (30) days after service of this Notice (the "Cure Period"), you must either:

(a) Cure the violation(s) described above by taking the specific corrective actions set forth in Section 5; or

(b) Vacate the Premises and surrender possession to the Housing Provider.

4.2. The Cure Period begins on the day after service of this Notice and ends at 11:59 p.m. on [__/__/____].

4.3. If the Tenant timely cures the violation in full, the tenancy continues unaffected and this Notice is of no further force or effect.

5. SPECIFIC CURE STEPS REQUIRED

To avoid termination of the tenancy and an action for possession, the Tenant must complete each of the following corrective actions within the Cure Period:

5.1. [Cure Action 1 — describe specifically. E.g., "Remove the unauthorized dog from the Premises."]

5.2. [Cure Action 2 — describe specifically. E.g., "Repair the hole in the drywall in the second bedroom or pay $___ for repair, supported by receipts."]

5.3. [Cure Action 3 — describe specifically.]

5.4. Verification of cure. The Tenant should provide the Housing Provider with reasonable verification of cure, which may include photographs, receipts, written confirmation from third parties, or an opportunity to inspect the Premises upon at least 48 hours' written notice in accordance with D.C. Code § 42-3505.51.

5.5. Continuing violations. If the violation is by its nature a continuing or recurring breach (e.g., repeated noise), cure requires that the conduct cease immediately and not recur during or after the Cure Period.

6. TENANT RIGHTS AND RESOURCES

6.1. Right to cure. Under D.C. Code § 42-3505.01(b), the Tenant has an absolute statutory right to thirty (30) days to cure most lease violations. This right cannot be waived by the Lease.

6.2. Right to challenge. The Tenant has the right to dispute the alleged violation in court if a complaint for possession is later filed. The Tenant may raise defenses including, but not limited to: (i) the violation did not occur; (ii) the Tenant cured within 30 days; (iii) the Notice is defective; (iv) the action is retaliatory under § 42-3505.02; (v) the action is discriminatory under D.C. Code § 2-1402.21; (vi) breach of the implied warranty of habitability under Javins v. First National Realty Corp.; or (vii) the Housing Provider lacks a current rental license.

6.3. Free Legal Help. Tenants may be entitled to free legal representation through the District's Civil Right to Counsel Initiative:

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

6.4. Tenant Bill of Rights. Available from OTA per D.C. Code § 42-3502.22.

6.5. Right to Organize. The Tenant has the right to organize and join a tenant association under D.C. Code § 42-3505.06. Lawful tenant-organizing activity is not a lease violation.

6.6. Anti-Discrimination. It is illegal to discriminate or retaliate based on any class protected by D.C. Code § 2-1402.21 (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, sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, or homeless status).

7. STATEMENT OF COMPLIANCE WITH LICENSING AND REGISTRATION

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

7.1. Rental Housing Business License. The Housing Provider holds a current Basic Business License with a Housing — Rental Endorsement. License No.: [___________] | Expiration: [__/__/____].

7.2. RAD Registration / Exemption. The Housing Provider holds a valid registration or exemption with the Rental Accommodations Division. RAD No.: [___________].

8. NON-RETALIATION STATEMENT

The Housing Provider affirms that this Notice is served solely on the basis of the lease violation described above and is not in retaliation for any protected activity listed in D.C. Code § 42-3505.02. The Housing Provider further affirms that issuance of this Notice is not motivated by any characteristic protected under D.C. Code § 2-1402.21.

9. CONSEQUENCES OF FAILURE TO CURE OR VACATE

9.1. If the Tenant neither cures nor vacates within 30 days, the Housing Provider may file a complaint for possession in the Landlord and Tenant Branch of the Superior Court of the District of Columbia under D.C. Code § 16-1501.

9.2. No self-help eviction. Only the U.S. Marshals Service may execute an eviction in the District. Self-help dispossession (lockout, utility shutoff, removal of property) is unlawful and exposes the Housing Provider to damages.

9.3. Eviction Record Sealing. Even if a complaint is filed, eviction records are subject to sealing under D.C. Code § 42-3505.09 and the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 (D.C. Law 24-115).

10. SIGNATURE BLOCK — HOUSING PROVIDER

I declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct.

Date: [__/__/____]

[HOUSING PROVIDER / AUTHORIZED AGENT — PRINTED NAME]

Signature: ______________________________________________

Title / Capacity: [________________________________]

Address: [________________________________], Washington, DC [ZIP]

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

11. CERTIFICATE OF SERVICE

I, [NAME OF SERVER], declare that on [__/__/____] at approximately [__:__ a.m./p.m.], I served a true and correct copy of this Notice on the Tenant(s) named above by the following method (check all that apply):

☐ Personal delivery to the Tenant at the Premises.

☐ Substituted service at the Premises with [NAME], a person of suitable age and discretion, AND mailing a copy by first-class U.S. mail.

☐ Conspicuous posting on the main entry door AND mailing a copy by first-class U.S. mail postmarked [__/__/____].

☐ Certified mail, return receipt requested, tracking no. [________________].

Server's Printed Name: [________________________________]

Server's Signature: ______________________________________________

12. D.C. PRACTICE NOTES

• 30 days is mandatory. A Notice that gives less than 30 days to cure is defective. The 30-day clock begins the day AFTER service.
• Specificity. The Notice must give "fair notice" of the violation. Recite specific dates, conduct, and the lease provision violated.
• Pre-litigation cure log. Document any cure activity (or lack thereof) by the Tenant during the 30-day period. If the Tenant cures, do not file. If the Tenant cures partially, evaluate carefully — partial cure may defeat a possession claim.
• Imminent threat exception. D.C. Code § 42-3505.01(c) permits a possessory action without a 30-day cure where the alleged conduct involves "illegal acts" within the unit or, under 2025 amendments, certain dangerous crimes or crimes of violence. Consult counsel before relying on this exception.
• Repeat violations. If the Tenant cures and then re-violates within a reasonable time, a new 30-day Notice is generally required, but courts may consider repeated cure-and-recur conduct as evidence the breach is incurable.
• Habitability defenses. Tenants may raise Javins and Housing Regulations defenses even when the Notice alleges non-monetary breach.
• Discrimination. The DCHRA covers source of income (Section 8/HCV vouchers), gender identity, sealed eviction record, and other classes broader than federal Fair Housing Act protections.

13. SOURCES AND REFERENCES

• D.C. Code § 42-3505.01 (Evictions): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.01
• D.C. Code § 42-3505.02 (Retaliatory action): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.02.html
• D.C. Code § 42-3505.06 (Right of tenants to organize): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.06.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 § 42-3505.51 (Access by housing provider): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.51
• D.C. Code § 42-3505.55 (Subletting): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.55.html
• D.C. Code § 16-1501 (Forcible entry and detainer): https://code.dccouncil.gov/us/dc/council/code/sections/16-1501
• D.C. Code § 2-1402.21 (DCHRA — protected classes): https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.21
• D.C. Code § 42-3502.22 (Tenant disclosures): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.22
• 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/
• D.C. Law 24-115 (Eviction Record Sealing & Fairness in Renting Act of 2022): https://code.dccouncil.gov/us/dc/council/laws/24-115
• 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
• Office of the Tenant Advocate: https://ota.dc.gov/
• Tenant Bill of Rights: https://ota.dc.gov/publication/tenant-bill-rights

END OF NOTICE