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 and Attached Ledger
4. Required Nonpayment Notice
5. Payment of the Unpaid Rent
6. Required Disclosures and Tenant Resources
7. Statement of Compliance with Licensing and Registration
8. Non-Retaliation Statement
9. Consequences of Nonpayment
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 AND ATTACHED LEDGER

The following rent is presently due and unpaid. Attach a ledger showing the dates of every rent charge and payment throughout the period of delinquency. Do not include late fees, alleged damages, attorney fees, court costs, or other non-rent charges in the unpaid-rent balance used as the basis for eviction.

Total unpaid rent: $[________________].

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. REQUIRED NONPAYMENT NOTICE

4.1. 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.

4.2. [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.

4.3. 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.

4.4. The 30-day payment period stated in this notice ends on [__/__/____]. Although current D.C. Code § 42-3505.01(a-1)(1) separately states a 10-day pre-filing minimum, do not file before the full 30-day payment period represented in the prescribed notice language expires.

4.5. Payment of rent during the payment period may 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.

4.6. Send or deliver payment to:

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

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

5. PAYMENT OF THE UNPAID RENT

5.1. You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full. This is the payment right stated in the notice language prescribed by D.C. Code § 42-3505.01(a-1)(2).

5.2. Nonpayment of a late fee cannot be the basis for eviction. Late fees and court costs are not part of the unpaid-rent balance stated as the eviction cure amount in this notice.

5.3. Obtain D.C. legal review before stating how a partial payment, payment plan, or payment made after filing affects a particular case.

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 NONPAYMENT

9.1. If the unpaid-rent balance remains at least $600 and is not paid in full within the 30-day period stated in this notice, 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. The complaint must accurately state the unpaid rent and attach or rely on the required delinquency ledger. Nonpayment of a late fee cannot support eviction.

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 I completed both delivery channels required by D.C. Code § 42-3505.01(a-1)(3).

Channel A — tracked delivery (select one):

☐ Certified mail, return receipt requested, sent on [__/__/____], tracking no. [________________].

☐ Delivery service providing delivery-tracking confirmation, return receipt requested, sent on [__/__/____], carrier / tracking no. [________________].

Channel B — rental-unit delivery (select one):

☐ Hand delivery to the rental unit on [__/__/____] at [__:__ a.m./p.m.].

☐ Posting on the front door of the rental unit on [__/__/____] at [__:__ a.m./p.m.]. A photograph with a readable date-and-time stamp is retained for submission to the court.

☐ The Housing Provider does not know the Tenant to speak a primary language other than English or Spanish covered by D.C. Code § 2-1933.

☐ The Housing Provider knows the Tenant speaks [LANGUAGE], a covered primary language other than English or Spanish, and the translated notice is attached.

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