30-Day Notice to Pay Rent or Vacate (Nonpayment) — District of Columbia

30-DAY NOTICE TO PAY RENT OR VACATE (NONPAYMENT) — DISTRICT OF COLUMBIA

TABLE OF CONTENTS

1. Caption and Parties
2. Premises and Tenancy
3. Itemized Statement of Unpaid Rent
4. Demand to Pay or Vacate
5. Tenant's Right to Redeem the Tenancy
6. Required Disclosures and Tenant Resources
7. Statement of Compliance with Licensing and Registration
8. Non-Retaliation Statement
9. Consequences of Failure to Pay 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 OF NONPAYMENT OF RENT AND POSSIBLE EVICTION

(30-Day Notice to Pay Rent or Vacate — D.C. Code § 42-3505.01(a) and (a-1))

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 [__/__/____] [or, if no written lease, an oral month-to-month tenancy at the rental rate set forth below].

2.4. The current monthly rent lawfully charged for the Premises is $[________], due on the [___] day of each month.

2.5. ☐ The Premises IS subject to the District's Rent Stabilization Program (RSP) under D.C. Code § 42-3502.05.

☐ The Premises IS NOT subject to RSP and is registered as exempt. Exemption type: [________________________________].

3. ITEMIZED STATEMENT OF UNPAID RENT

The following amounts are presently due and unpaid. Only rent and lawful charges may be collected through this Notice; do not include alleged damages, attorney fees, or other non-rent charges in the cure amount unless authorized by the lease and District law.

Total rent and lawful charges currently unpaid: $[________________].

3.1. Mandatory minimum: Pursuant to D.C. Code § 16-1501(b), a complaint for possession based upon nonpayment may not be filed unless the unpaid rent is at least $600. The Housing Provider hereby certifies that the total unpaid rent stated above equals or exceeds $600.

4. DEMAND TO PAY OR VACATE

4.1. YOU ARE HEREBY NOTIFIED that within thirty (30) days after service of this Notice (the "Cure Period"), you must either:

(a) Pay the total unpaid rent of $[________________] in full to the Housing Provider; or

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

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

4.3. Payment of rent during the Cure Period must be made by:

☐ Personal check, cashier's check, or money order payable to [PAYEE NAME];

☐ Electronic transfer to the account/portal designated in the lease at [________________________________];

☐ Other lawful tender as required by the lease.

4.4. Send or deliver payment to:

[NAME]
[STREET ADDRESS]
Washington, DC [ZIP]

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

5. TENANT'S RIGHT TO REDEEM THE TENANCY

5.1. You have the right to remain in your home if you pay all unpaid rent. Under D.C. Code § 42-3505.01(a-1), the Tenant may stop the eviction case at any time before judgment, and even after a complaint is filed, by paying all unpaid rent that has accrued, together with any reasonable late fees authorized by the lease and any court costs that may have been assessed.

5.2. The Tenant's right to redeem is absolute during the Cure Period and continues through entry of judgment. The Housing Provider may not refuse a tender of the full balance.

5.3. Partial payments do not waive this Notice unless the Housing Provider expressly agrees in writing to accept partial payment in full satisfaction or to enter a payment plan. The Tenant should request any payment plan in writing.

5.4. If the Tenant has applied for the Emergency Rental Assistance Program (ERAP) through the D.C. Department of Human Services, the Tenant should provide written notice of the application to the Housing Provider. The court may stay an eviction proceeding pending an ERAP determination as authorized by D.C. Code § 42-3505.01.

6. REQUIRED DISCLOSURES AND TENANT RESOURCES

6.1. Tenant Bill of Rights. The Office of the Tenant Advocate (OTA) publishes the Tenant Bill of Rights under D.C. Code § 42-3502.22. A copy is available at ota.dc.gov or by calling (202) 719-6560.

6.2. Free Legal Help (Civil Right to Counsel Initiative). Tenants facing eviction may be entitled to free legal representation 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 the District of Columbia: (202) 628-1161 — legalaiddc.org
• Legal Counsel for the Elderly (60+): (202) 234-0970
• Bread for the City: (202) 386-7610
• LawHelp.org/DC for additional resources

6.3. Emergency Rental Assistance Program (ERAP). Tenants earning less than 40% of Area Median Income who are facing housing emergencies may qualify for ERAP through the D.C. Department of Human Services. See dhs.dc.gov.

6.4. Eviction Record Sealing. Under the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 (D.C. Law 24-115) and D.C. Code § 42-3505.09, certain eviction records are sealed automatically (30 days after final resolution if no judgment for possession is entered, and 3 years after final resolution if a judgment is entered). Tenants may also petition for early sealing.

6.5. Anti-Discrimination Disclosure. It is illegal under D.C. Code § 2-1402.21 to discriminate in housing on the basis of 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.

7. STATEMENT OF COMPLIANCE WITH LICENSING AND REGISTRATION

The Housing Provider certifies the following 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 issued by the Department of Licensing and Consumer Protection (DLCP).

License Number: [________________________________] | Expiration: [__/__/____]

7.2. Rental Accommodations Division (RAD) Registration / Exemption. The Housing Provider holds either:

☐ A valid registration of the Premises with the RAD (Registration No. [___________]); or

☐ A current claim of exemption from the Rent Stabilization Program (Exemption No. [___________], type: [________]).

8. NON-RETALIATION STATEMENT

The Housing Provider affirms that this Notice is served solely for nonpayment of rent and is not in retaliation for any of the protected activities listed in D.C. Code § 42-3505.02, including but not limited to: (a) the Tenant's request for repairs or report of housing code violations; (b) the Tenant's organizing or joining a tenant association; (c) the Tenant's filing of a complaint with a District agency; (d) the Tenant's exercise of any right under the lease, the Rental Housing Act, the D.C. Human Rights Act, or any other District or federal law.

9. CONSEQUENCES OF FAILURE TO PAY OR VACATE

9.1. If the Tenant neither pays 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. Filing a court action does NOT extinguish the Tenant's right to redeem. The Tenant may stop the eviction by paying the full balance plus any court costs at any time before judgment. D.C. Code § 42-3505.01(a-1).

9.3. No self-help eviction. Only the U.S. Marshals Service may execute an eviction in the District of Columbia, and only after a writ of restitution has issued. The Housing Provider may not change locks, remove personal property, terminate utilities, or otherwise interfere with the Tenant's occupancy without a court order.

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: leaving a copy with [NAME], a person of suitable age and discretion residing or employed at the Premises, AND mailing a copy by first-class U.S. mail.

☐ Conspicuous posting on the main entry door of the Premises 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

• Rent Stabilization (RSP): If the Premises is rent-controlled, the rent demanded must not exceed the lawfully registered rent ceiling. Demanding rent above the ceiling renders the Notice defective.
• TOPA: If the Housing Provider is contemplating a sale or conversion, the Tenant Opportunity to Purchase Act (D.C. Code § 42-3404.02) imposes pre-sale notice obligations entirely independent of this Notice.
• Habitability defense (Javins). Under Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970), and the D.C. Housing Regulations, the rental of a dwelling unit carries an implied warranty of habitability. A tenant may raise a Javins defense to nonpayment by proving housing-code violations existed during the rent period at issue.
• Form 10. DHCD's RAD Form 10 is the official template. This document tracks Form 10 and adds belt-and-suspenders disclosures.
• Initial hearing date. Under DCSC L&T Rules, the initial hearing is set no fewer than 35 calendar days after filing.
• Eviction-Free Winter: Evictions are prohibited when the temperature is below 32°F or above 95°F or precipitation is falling, except in cases of dangerous crime or abandonment. D.C. Code § 42-3505.01(k).

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 § 42-3505.09 (Sealing of eviction court records): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.09.html
• D.C. Code § 16-1501 (Forcible entry and detainer): https://code.dccouncil.gov/us/dc/council/code/sections/16-1501
• D.C. Code § 42-3502.22 (Disclosures to tenants): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.22
• D.C. Code § 42-3502.17 (Security deposit): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.17
• D.C. Code § 2-1402.21 (DCHRA — protected classes): https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.21
• DHCD RAD Form 10: https://dhcd.dc.gov/publication/form-10-notice-nonpayment-rent-and-possible-eviction
• Office of the Tenant Advocate: https://ota.dc.gov/
• Tenant Bill of Rights: https://ota.dc.gov/publication/tenant-bill-rights
• DCSC Landlord and Tenant Branch: https://www.dccourts.gov/superior-court/superior-court-divisions/civil-division/landlord-and-tenant
• DCSC Rules of Procedure for the Landlord and Tenant Branch: https://www.dccourts.gov/sites/default/files/superior-rules/Superior%20Court%20Rules%20of%20Procedure%20for%20the%20Landlord%20and%20Tenant%20Branch.pdf
• 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
• D.C. Department of Human Services — ERAP: https://dhs.dc.gov/service/emergency-rental-assistance-program

END OF NOTICE