Notice of Termination of Tenancy — Good Cause Required (D.C. Just-Cause Eviction Notice)

NOTICE OF TERMINATION OF TENANCY — GOOD CAUSE GROUND — DISTRICT OF COLUMBIA

(D.C. Just-Cause Eviction — D.C. Code § 42-3505.01)

CRITICAL. The District of Columbia does not authorize "no-cause" termination of a residential tenancy. Recovery of possession of a rental unit is limited to the ten enumerated grounds set forth in D.C. Code § 42-3505.01 (Rental Housing Act of 1985). This Notice identifies the specific statutory good-cause ground relied upon and provides the statutorily required advance notice and disclosures.

TABLE OF CONTENTS

1. Caption and Parties
2. Premises and Tenancy
3. Statutory Ground for Termination
4. Notice Period and Effective Date
5. Required Showings for the Selected Ground
6. Relocation Assistance — Tenant's Right to Apply
7. Tenant Opportunity to Purchase Act (TOPA) Compliance
8. Required Tenant Disclosures
9. Statement of Compliance with Licensing
10. Non-Retaliation and Anti-Discrimination Statement
11. Tenant Defenses Preserved
12. Signature Block — Housing Provider
13. Certificate of Service
14. D.C. Practice Notes
15. Sources and References

1. CAPTION AND PARTIES

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 an oral month-to-month tenancy commencing [__/__/____].

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

3. STATUTORY GROUND FOR TERMINATION

The Housing Provider relies upon the following good-cause ground under D.C. Code § 42-3505.01 (check ONE only):

☐ (d) Owner Occupancy — 90-Day Notice. A natural person with a freehold interest in the Premises seeks in good faith to recover possession for that person's immediate and personal use and occupancy as a dwelling. Identity of person who will occupy: [________________________________].

☐ (e) Sale to Buyer for Personal Occupancy — 90-Day Notice. The Housing Provider has in good faith contracted in writing to sell the Premises (or the housing accommodation in which the Premises is located) for the immediate and personal use and occupancy of another person. The Housing Provider has notified the Tenant in writing of the Tenant's right and opportunity to purchase under TOPA, D.C. Code § 42-3404.02. Buyer name: [________________________________]. Contract date: [__/__/____].

☐ (f) Alterations or Renovations — 120-Day Notice. The Housing Provider seeks in good faith to recover possession to undertake alterations or renovations that cannot safely or reasonably be made while the Premises is occupied. The Housing Provider has obtained or applied for the approval of the Rent Administrator as required.

☐ (g) Demolition — 180-Day Notice. The Housing Provider has filed for a demolition permit. Permit application no.: [________________]. Date filed: [__/__/____].

☐ (h) Substantial Rehabilitation — 120-Day Notice. The Housing Provider seeks to perform a substantial rehabilitation of the Premises and has obtained or applied for the approval of the Rental Accommodations Division.

☐ (i) Discontinuance of Housing Use — 180-Day Notice. The Housing Provider seeks in good faith to recover possession for the immediate purpose of discontinuing the housing use, subject to the 12-month restriction on resumed residential or commercial use under D.C. Code § 42-3505.01(i).

Description of factual basis (required):

[Provide a detailed factual description of the basis for the selected ground. This is a substantive disclosure required for tenant evaluation and court review.]

4. NOTICE PERIOD AND EFFECTIVE DATE

4.1. YOU ARE HEREBY NOTIFIED that the Housing Provider intends to recover possession of the Premises pursuant to the ground identified above.

4.2. The notice period required for the selected ground is [90 / 120 / 180] days, beginning the day after service of this Notice.

4.3. The Tenant is required to vacate the Premises and surrender possession on or before [__/__/____] (the "Vacate Date").

4.4. If the Tenant fails to vacate by the Vacate Date, 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.

5. REQUIRED SHOWINGS FOR THE SELECTED GROUND

The Housing Provider acknowledges that, in any subsequent court proceeding, the Housing Provider must prove the following elements in addition to compliance with this Notice:

For ground (d) — Owner Occupancy: Proof that the person who will occupy is a natural person with a freehold interest, the intent is in good faith, and the use is for immediate and personal occupancy as a dwelling. A sworn affidavit of intent is typically required.

For ground (e) — Sale: Proof of an executed bona fide written contract of sale, that the buyer intends in good faith to occupy as a dwelling, and that the Housing Provider has fully complied with TOPA, D.C. Code § 42-3404.02 et seq.

For ground (f) — Alterations: Proof that the proposed work cannot safely or reasonably be done with the Premises occupied, and that the Rent Administrator has approved or has been notified.

For ground (g) — Demolition: Proof that a demolition permit has been filed and (if required) granted.

For ground (h) — Substantial Rehabilitation: Proof of plans, financing, and approval of the Rental Accommodations Division.

For ground (i) — Discontinuance: Proof of good-faith intent to discontinue the housing use; failure to discontinue within a reasonable time, or resumption of housing/commercial use within 12 months without re-offering to the Tenant, gives rise to liability.

6. RELOCATION ASSISTANCE — TENANT'S RIGHT TO APPLY

6.1. Notice of right to assistance. Pursuant to D.C. Code § 42-3507.01, the Tenant is hereby advised of the right to apply for relocation assistance under D.C. Code § 42-3507.01 et seq. and 14 DCMR Chapter 7, where the termination is based on substantial rehabilitation, demolition, or discontinuance of housing use (grounds (f), (g), (h), or (i)).

6.2. How to apply. Information and application forms are available from the District Department of Housing and Community Development (DHCD), 1800 Martin Luther King Jr. Avenue, S.E., Washington, DC 20020, telephone (202) 442-7200, dhcd.dc.gov.

6.3. Payment timing. Payable not later than 24 hours before the Tenant's vacate date if the Tenant gives at least 10 business days' advance written notice of the vacate date. D.C. Code § 42-3507.03.

6.4. Tenant resources to assist with the application:

• Office of the Tenant Advocate (OTA): (202) 719-6560 — ota.dc.gov
• DHCD Tenant Opportunity to Purchase Assistance: dhcd.dc.gov

7. TENANT OPPORTUNITY TO PURCHASE ACT (TOPA) COMPLIANCE

(This Section applies only when ground (e) — sale — is invoked, or when the termination is connected to a contemplated sale or conversion.)

7.1. The Housing Provider has separately delivered an Offer of Sale to the Tenant pursuant to D.C. Code § 42-3404.02 dated [__/__/____].

7.2. The Tenant has the right of first refusal to purchase the Premises (and, where applicable, the housing accommodation in which it is located) on terms governed by D.C. Code §§ 42-3404.02 through 42-3404.13.

7.3. Time to respond under TOPA:

• Single-family / accessory unit: 30 days to make written offer to purchase
• 2 – 4 unit accommodation: 60 days to form a tenant organization
• 5+ unit accommodation: 45 days to register a tenant organization with the Mayor; additional negotiation and contracting timelines apply

7.4. The Housing Provider may not consummate any sale described in paragraph 3 until the TOPA process has been fully exhausted.

8. REQUIRED TENANT DISCLOSURES

8.1. Tenant Bill of Rights. A copy of the Tenant Bill of Rights published by the Office of the Tenant Advocate under D.C. Code § 42-3502.22 is available at ota.dc.gov.

8.2. Free legal help. Tenants facing termination of tenancy may be entitled to free legal representation through the District's Civil Right to Counsel Initiative:

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

8.3. Eviction Record Sealing. 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).

8.4. Source-of-income protection. It is unlawful under D.C. Code § 2-1402.21 to terminate a tenancy based on source of income, including Section 8 / Housing Choice Vouchers.

9. STATEMENT OF COMPLIANCE WITH LICENSING

The Housing Provider holds:

9.1. A current Basic Business License with a Housing — Rental Endorsement. License No.: [___________] | Expiration: [__/__/____].

9.2. A valid RAD registration or current claim of exemption. RAD No.: [___________].

10. NON-RETALIATION AND ANTI-DISCRIMINATION STATEMENT

The Housing Provider affirms that this Notice is served on the basis of the statutory good-cause ground identified above and is not in retaliation for any protected activity (D.C. Code § 42-3505.02) and is not motivated by any characteristic protected under D.C. Code § 2-1402.21 (including 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).

11. TENANT DEFENSES PRESERVED

The Tenant may raise, in any future proceeding under D.C. Code § 16-1501, defenses including but not limited to:

• The Notice fails to identify a valid statutory ground or fails to meet the required notice period.
• The Housing Provider does not satisfy the substantive elements of the cited ground (e.g., not a natural person; lack of good faith; absence of bona fide contract).
• The Housing Provider lacks a current rental housing license or RAD registration.
• The action is retaliatory under § 42-3505.02 (6-month rebuttable presumption).
• The action is discriminatory under D.C. Code § 2-1402.21.
• TOPA non-compliance.
• Failure to offer or pay relocation assistance.
• Breach of the implied warranty of habitability under Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970), and the D.C. Housing Regulations.
• Pendency of an Emergency Rental Assistance Program (ERAP) application.

12. 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, and that I am acting in good faith on the statutory ground identified above.

Date: [__/__/____]

[HOUSING PROVIDER / OWNER — PRINTED NAME]

Signature: ______________________________________________

Title / Capacity: [________________________________]

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

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

13. CERTIFICATE OF SERVICE

I, [NAME OF SERVER], declare under penalty of perjury 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 method(s) checked:

☐ 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. [________________].

A copy of this Notice has also been filed with the Rental Accommodations Division as required for grounds (f), (g), (h), and (i).

Server's Printed Name: [________________________________]

Server's Signature: ______________________________________________

14. D.C. PRACTICE NOTES

• No "no-cause" terminations. Boilerplate "30-day notice to vacate" forms used in other jurisdictions are unenforceable in D.C. Recovery of possession requires one of the ten enumerated grounds.
• Owner-occupancy abuse. Sham owner-occupancy claims are aggressively policed. The new occupant must actually move in for personal use; failure to do so may give rise to damages and reinstatement rights.
• Sale-and-occupy. Ground (e) requires the BUYER (not the Housing Provider) to occupy, and full TOPA compliance is required before this ground may be invoked.
• Substantial rehabilitation. Defined as work whose cost equals or exceeds 50% of the assessed value of the housing accommodation, requires written approval, and triggers significant relocation obligations.
• Discontinuance restriction. If the unit is returned to housing use within 12 months, the displaced Tenant has the right to be re-offered the unit at the prior rent (with appropriate ceiling adjustments).
• Eviction-Free Winter / Weather Restrictions. Under D.C. Code § 42-3505.01(k), evictions are prohibited when temperatures fall below 32°F or rise above 95°F, or when precipitation is falling.
• Rent Control Status Disclosure. Required under D.C. Code § 42-3502.22(b).
• Service of process. Use a method that permits proof of receipt; weak proof of service is a leading cause of dismissal at the initial hearing.

15. 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 § 42-3507.01 (Notice of right to assistance): https://code.dccouncil.gov/us/dc/council/code/sections/42-3507.01.html
• D.C. Code § 42-3507.03 (Relocation payments): https://code.dccouncil.gov/us/dc/council/code/sections/42-3507.03.html
• D.C. Code § 42-3404.02 (TOPA — Tenant Opportunity to Purchase): https://code.dccouncil.gov/us/dc/council/code/sections/42-3404.02
• D.C. Code § 42-3404.11 (TOPA — 5+ units): https://code.dccouncil.gov/us/dc/council/code/sections/42-3404.11.html
• 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 (Eviction record sealing): https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.09.html
• D.C. Code § 42-3502.22 (Tenant disclosures): https://code.dccouncil.gov/us/dc/council/code/sections/42-3502.22
• 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
• DHCD RAD Form 14 — 120 Day Notice to Vacate (Renovations/Alterations): https://dhcd.dc.gov/sites/default/files/dc/sites/dhcd/publication/attachments/Form%2014%20-%20120%20Day%20Notice%20to%20Vacate%20for%20Renovations%20or%20Alterations%20rev%20final.pdf
• DCSC Landlord and Tenant Branch: https://www.dccourts.gov/superior-court/superior-court-divisions/civil-division/landlord-and-tenant
• Office of the Tenant Advocate: https://ota.dc.gov/
• Tenant Bill of Rights: https://ota.dc.gov/publication/tenant-bill-rights
• 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

END OF NOTICE