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The DC Eviction Process for Landlords: Every Step, With the Statute (2026)

DC evictions run through Superior Court on a 10-day notice, a $600 filing floor and a 21-day lockout notice. Here is every step, with the statute cited.

Flat Fee Landlord TeamFlat Fee Landlord TeamSeptember 30, 202619 min read
Contents▾

DC evictions run through Superior Court on a 10-day notice, a $600 filing floor and a 21-day lockout notice. Here is every step, with the statute cited.

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The DC eviction process is a court process with no shortcuts: a written notice that matches the statute, a complaint in the Landlord and Tenant Branch of DC Superior Court, service at least 14 days before the first hearing, a judgment, a writ, and a lockout carried out by the U.S. Marshals after your own 21-day notice. For nonpayment, the pre-filing notice is 10 days and you cannot file at all unless the tenant owes at least $600.

If you own a rowhouse in Capitol Hill, a condo in Navy Yard or a two-unit in Petworth, the District is not Maryland and it is not Virginia. It is the most tenant-protective jurisdiction in the region, and the paperwork rules are strict enough that a case can fail on a missing photograph. This guide walks each step in order for a DC housing provider, with the DC Code section behind every number so you can check our work.

Informational, not legal advice. This article summarizes DC Code §§ 42-3505.01 and 42-3505.01a (Rental Housing Act evictions), DC Code §§ 16-1501 through 16-1503 (Landlord and Tenant proceedings), and the DC Courts’ published Landlord and Tenant guidance, as read on September 30, 2026. The RENTAL Act (D.C. Law 26-80) rewrote parts of this process effective December 31, 2025, and § 42-3505.01 was amended again by D.C. Law 26-108 in April 2026. Confirm anything that matters with a DC landlord-tenant attorney before you act.

DC Is a For-Cause Eviction Jurisdiction

A for-cause eviction jurisdiction is one where a landlord can recover possession only for a reason the law lists, not simply because a lease ran out. DC is one. The opening sentence of DC Code § 42-3505.01(a)(1) says no tenant shall be evicted from a rental unit, "notwithstanding the expiration of the tenant's lease or rental agreement, so long as the tenant continues to pay the rent to which the housing provider is entitled."

That single clause changes the owner playbook. In Virginia or Maryland, declining to renew a lease is generally a path to getting the unit back. In the District, a paying tenant whose lease has ended generally stays, and you need a statutory ground to move forward. Owners who manage on both sides of the Potomac should read our DC vs. Maryland vs. Virginia landlord law comparison before assuming a playbook transfers.

The same subsection sets three more ground rules:

  • Late fees are not a ground. "The nonpayment of a late fee shall not be the basis for an eviction."
  • Every eviction starts with a written notice that meets the section’s requirements. Notices for any reason other than nonpayment must be served on both the tenant and the Rent Administrator.
  • Language access. If you know the tenant’s primary language is one other than English or Spanish that is covered under DC Code § 2-1933, the notice must be provided in that language (§ 42-3505.01(a)(3)).

Grounds for Eviction in DC and the Notice Each Requires

Each ground in § 42-3505.01 comes with its own notice period, and using the wrong one is the fastest way to lose months. Here are the grounds a single-family or small-building owner is most likely to use:

Ground for possessionNotice to the tenantDC Code
Nonpayment of rent (at least $600 owed)Notice of intent to file, at least 10 days before filing§ 42-3505.01(a-1)
Lease violation other than rent30 days to correct the violation after notice§ 42-3505.01(b)
Illegal act in the unit, as determined by a court30-day notice to vacate§ 42-3505.01(c)(1)
Court-determined dangerous crime or crime of violence (cases filed after December 31, 2025)10-day notice to vacate; expedited hearing within 20 days of filing§ 42-3505.01(c)(2)
Owner move-in (natural person with a freehold interest, good faith)90-day notice to vacate§ 42-3505.01(d)
Sale to a buyer for their own occupancy (after TOPA notice)90-day notice to vacate§ 42-3505.01(e)
Substantial rehabilitation120-day notice to vacate§ 42-3505.01(h)
Demolition and replacement180-day notice to vacate§ 42-3505.01(g)

Two of those rows carry penalties if you use them and then change your mind. Under § 42-3505.01(d) and (e), no one may demand or receive rent for a unit recovered for owner move-in or sale during the 12 months after repossession, and § 42-3505.01(e-1) makes an owner who re-rents or fails to occupy liable to the former tenant for reasonable relocation costs plus damages measured in months of rent, capped at twelve. The sale row also depends on the tenant’s right of first purchase, which we cover in our TOPA guide for DC landlords.

Renovation evictions under § 42-3505.01(f) are their own track, requiring filings with the Rent Administrator and the Chief Tenant Advocate, a tenant comment period and a written determination before any notice to vacate. If renovation is your plan, that is a counsel conversation, not a template.

The rest of this guide follows the ground most owners face: a tenant who has stopped paying.

Before You File: License, Registration, $600

Three gates in DC Code § 16-1501 decide whether the court will hear your case at all. Clear them before you send a single notice.

  1. A current rental housing business license. § 16-1501(c)(1) bars a complaint for possession without "a current license for rental housing issued pursuant to § 47-2828(c)(1), as certified at the time of filing and documented at the initial hearing." The court may waive this under § 16-1501(c)(2) for extenuating circumstances such as a medical emergency, agency delay or a tenant refusing a required pre-license inspection, but a waiver is the exception.
  2. Rental registration or a claim of exemption. The same subsection requires "a valid rental registration or claim of exemption pursuant to § 42-3502.05." If you never filed one, fix it now.
  3. At least $600 in unpaid rent. § 16-1501(b) says a person "shall not file a complaint seeking restitution of possession ... for nonpayment of rent in an amount less than $600." You can still pursue a smaller balance as a money claim, just not for possession.

The license requirement shows up twice. § 42-3505.01(q) separately says no tenant shall be evicted unless the housing provider provides documentation of a current rental business license "at the time of filing a writ of restitution." A license that lapses mid-case can stall you at the very end.

Step 1: The 10-Day Notice of Past Due Rent

For nonpayment, DC Code § 42-3505.01(a-1)(1) requires the housing provider to give the tenant notice of its intent to file "at least 10 days before filing the claim," and bars issuing that notice at all if the unpaid rent is less than $600. Before the RENTAL Act took effect on December 31, 2025, this was a 30-day notice; our guide to the new DC rental laws covers that change in context.

What the notice must say. § 42-3505.01(a-1)(2) requires "the following or substantively similar language," including the specific total amount of rent owed, an attached ledger showing rent charges and payments for the period of delinquency, the tenant’s right to remain if the balance is paid in full, the right to defend in court, that only a court can order an eviction, and the phone numbers for the Office of the Tenant Advocate (202-719-6560) and the Landlord Tenant Legal Assistance Network (202-780-2575).

Flag for counsel: the 10-day rule and the 30-day sentence. As the statute reads today, paragraph (a-1)(1) says 10 days, but the model language in paragraph (a-1)(2) still tells the tenant the housing provider may file "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." Those two numbers do not agree. Until the Council or the court resolves it, have a DC landlord-tenant attorney approve the wording of your notice and the date you intend to file.

How to deliver it. § 42-3505.01(a-1)(3) requires both of the following, not either one:

  • Certified mail or a delivery service providing delivery tracking confirmation, return receipt requested; and
  • Hand delivery to the rental unit or posting on the front door of the rental unit.

If you post it, photograph it. § 42-3505.01(a)(2) says a photograph of a posted notice "must be submitted to the court" with "a readable timestamp that indicates the date and time" it was posted. A phone camera with the timestamp visible in the image is the practical minimum.

Step 2: File the Complaint and Summons

Once the notice period has run and at least $600 is still unpaid, you file in the Landlord and Tenant Branch of DC Superior Court, Building B, 510 4th Street NW. According to the DC Courts’ Landlord and Tenant page, you file a Landlord and Tenant Complaint and a Summons, and the filing fee is $15, paid at the time of filing.

The court uses four complaint forms, and you must pick the right one:

If your case is aboutUse
Residential rent onlyForm 1A
Residential lease violations onlyForm 1B
Residential rent plus lease violationsForm 1C
Commercial propertyForm 1D

The summons is the Summons to Appear in Court and Notice of Hearing (Form 1S). The court asks for each defendant’s name, address, phone and email where known, and "UNKNOWN" where not. A self-represented plaintiff must sign by hand; stamps are not accepted. You can file by mail, in person, at the Moultrie Courthouse drop box, or through eFileDC, and the court encourages self-represented filers to e-file.

The complaint is verified under oath. DC Code § 16-1501(a) authorizes the court to issue a summons "on complaint under oath verified by the person aggrieved ... or by his agent or attorney having knowledge of the facts." Make sure whoever signs actually knows the ledger.

Step 3: Serve the Tenant 14 Days Out

After filing, the court gives you an Initial Hearing Notice and Instructions with your court date. You then have to serve each defendant with the complaint, the summons and the initial hearing notice.

Timing. DC Code § 16-1502(a) requires the summons to be served "at least 14 days before the day fixed for the initial hearing." If the defendant cannot be found, the statute allows service by leaving a copy with someone over 16 who lives at or is in possession of the premises, or by posting it on the premises.

If you post the summons, § 16-1502(b) adds two requirements: mail a copy first class to the premises within 3 calendar days of posting, and submit a timestamped photograph of the posted summons to the court.

Proof of service. The person who serves must file a Declaration of Service (L&T Form 3), one per defendant, at least 14 days before the first hearing. The DC Courts state that if proof of service is not filed in time and the plaintiff has not asked for more time, "the court will dismiss the case and notify all parties."

Step 4: The Initial Hearing and Protective Orders

At the initial hearing, the court checks that your paperwork holds up. Under DC Code § 16-1501(d), if the complaint does not allege sufficient facts or you have not produced the documentation District law requires, the court may dismiss or "provide leave for the complainant to correct any deficiencies," weighing the prejudice to all parties. That discretion is a RENTAL Act change; it is a cushion, not a plan.

Tenants in DC usually do not have to file a written answer. The DC Courts note an answer is required only when the tenant requests a jury trial ($75), files a counterclaim ($10), or claims ownership of the property. Otherwise the tenant can raise defenses such as a wrong rent amount, improper notice or housing code conditions at the hearing. In a nonpayment case, the tenant may also claim a recoupment or setoff for housing conditions. Expect it if the unit has open repair issues.

Protective orders: rent paid into court while the case runs. Under DC Code § 16-1502a, either party in a nonpayment case may move for a protective order requiring the tenant to deposit the monthly rent into the court registry through the end of the case. The court "shall issue a preliminary protective order for the monthly rent amount required by the rent ledger, lease, rental agreement, or rental agreement addenda after the initial motion," and it is "not required to conduct an evidentiary proceeding" to set that amount. Housing code defenses that might reduce the amount are heard afterward. The DC Courts describe that later proceeding as a Bell hearing, and note that protective orders cover rent going forward, not back rent.

For an owner, this is the most useful tool in the District’s process. Ask for it early.

The court also runs a Landlord and Tenant Mediation Program and a Landlord and Tenant Resource Center for self-represented parties. A negotiated move-out date or payment plan entered as a consent agreement can end a case sooner than trial.

Step 5: Judgment and the Writ of Restitution

If you prove your right to possession, DC Code § 16-1503 says "judgment and execution for the possession shall be awarded in his favor, with costs." The execution document in DC is a writ of restitution: the court order that authorizes the Marshals to return possession to you.

When you file for the writ, bring the license again. § 42-3505.01(q) requires documentation of a current rental housing business license "at the time of filing a writ of restitution," unless the court waived it.

The tenant can still end the case by paying. § 42-3505.01a(c)(2) states that any right of the evicted tenant to redeem the tenancy "shall be extinguished at the time of eviction." Until that moment, plan on the possibility that a full payment ends the case.

Step 6: The 21-Day Notice and Eviction Day

The United States Marshals Service carries out DC evictions and sends its own notice of the date. The landlord owes a separate one.

The 21-day landlord notice. DC Code § 42-3505.01a(b)(1) requires the housing provider to deliver a notice confirming the eviction date "not fewer than 21 days before the date of eviction" by all three of these methods:

  • Telephone or electronic communication, including email or text message;
  • First-class mail to the rental unit; and
  • Conspicuous posting at the unit.

Under § 42-3505.01a(b)(2), the notice must name the tenant and the address, give the scheduled date, warn prominently that property left behind will be deemed abandoned 7 days after the eviction (excluding Sundays and federal holidays), list the phone numbers of the Marshals, the Office of the Tenant Advocate and the Landlord and Tenant Branch, state that it is your final notice even if the date is postponed, and explain the tenant’s 7-day right to retrieve belongings.

On eviction day, § 42-3505.01a(c)(1) requires you to change the locks "in the presence of the Marshals, at the housing provider's expense," and take legal possession by receiving a document from the Marshals. The same day, § 42-3505.01a(d)(1) requires you to mail a notice to the tenant’s emergency contact, if one was provided, and post a notice at the unit with the name and number of an agent who can grant access, plus the numbers for the Office of the Tenant Advocate, the Marshals and the Landlord and Tenant Branch.

The 7-day storage rule. The tenant’s belongings stay in the unit for 7 days after the eviction, excluding Sundays and federal holidays. During that period you must store them with reasonable care and grant access for no fewer than 16 total hours between 8:00 a.m. and 6:00 p.m., over no more than 2 days, at agreed times, including a Saturday if the tenant asks, and without charging rent or fees. After the 7 days, remaining property is deemed abandoned, and the statute restricts how it may be disposed of, including a ban on leaving it in outdoor space other than a licensed disposal facility or lawful disposal receptacle, except while transporting it for disposal. Plan the turnover around that week.

Rental Assistance Stays and Weather Bans

Two DC rules can move an eviction date after you have already done everything right.

Emergency Rental Assistance Program (ERAP). ERAP is the District’s emergency rental assistance program for tenants behind on rent. Under DC Code § 42-3505.01(r), the court may stay a nonpayment case once if the tenant documents a pending ERAP application. If the tenant tells you, no later than 48 hours before a scheduled eviction, that an approved ERAP application would pay the full amount needed to redeem, you must cancel the eviction, and any rescheduled date must be at least 3 weeks after the earlier one. Respond to ERAP requests promptly: under § 42-3505.01(t), if you fail to provide payment information an ERAP provider requested for more than 45 days, the court may deem the rent that ERAP would have paid waived and unrecoverable, subject to the exceptions in that subsection.

Weather. DC Code § 42-3505.01(k) bars executing an eviction:

  • On any day the National Weather Service predicts at 8:00 a.m. that the temperature at the National Airport weather station will fall below 32°F;
  • When precipitation is falling at the location of the rental unit; or
  • On any day the forecast at 8:00 a.m. is above 95°F.

Winter and high summer in the District are when eviction dates slip. Build that into any cash-flow plan for a nonpayment case you file in the fall.

How Long Does an Eviction Take in DC?

There is no single number, and anyone who quotes one is guessing. What the statute does give you is a set of minimums that cannot be compressed. Add them up and a nonpayment case cannot move from notice to lockout in much less than about seven weeks on paper, even before court calendars, continuances or Marshals scheduling are counted:

StageStatutory minimumSource
Notice of intent to file (nonpayment)10 days before filing§ 42-3505.01(a-1)(1)
Service of summons before initial hearingAt least 14 days§ 16-1502(a)
Initial hearing to judgmentSet by the court; varies with defenses, protective order hearings and mediation§§ 16-1501 to 16-1503
Landlord’s notice confirming the eviction dateAt least 21 days before eviction§ 42-3505.01a(b)(1)
Belongings held in the unit after eviction7 days, excluding Sundays and federal holidays§ 42-3505.01a(d)(2)

In practice, a contested case, an ERAP stay, a bad-weather day or a single defective notice adds weeks or months. Plan for the full stretch, not the minimum. On a $3,400-a-month rowhouse, every month in court is $3,400 you are not collecting, which is why the protective order in Step 4 matters so much.

Mistakes That Get a DC Case Dismissed

  • Filing without a current rental housing business license or rental registration. § 16-1501(c) is a threshold bar, and § 42-3505.01(q) checks the license again at the writ.
  • Filing below $600, or counting late fees toward it. Late fees cannot be the basis for an eviction under § 42-3505.01(a)(1).
  • Delivering the nonpayment notice one way instead of two. § 42-3505.01(a-1)(3) requires certified or tracked mail and hand delivery or door posting.
  • Posting without a timestamped photo, for either the notice or the summons.
  • Filing before the notice period has run. § 42-3505.01(a)(4)(B) lists early filing as a dismissal ground.
  • Missing the 14-day proof-of-service deadline for the Declaration of Service.
  • Skipping the Rent Administrator on a notice for any reason other than nonpayment.
  • Treating lease expiration as a ground. In the District, it is not one.
  • Forgetting the 21-day notice or the 7-day storage rule after you have already won.
  • Any form of self-help. Possession in DC runs through the court and the Marshals. Changing locks, removing doors or cutting utilities outside that process is not part of it, and it invites claims you do not want.

The RENTAL Act gave the court discretion under § 42-3505.01(a)(4) to weigh prejudice before dismissing for a notice defect. That makes a small mistake survivable. It does not make it free.

How Management Keeps You Out of L&T Court

You own the rowhouse, you carry the mortgage and you absorb the vacancy. Our role is to keep the process above rare, and precise when it is not.

That starts at placement, with 10-point screening: credit, criminal background, eviction history, income, employment, prior rental history, ID verification, sex-offender registry, address history and a fraud check, applied the same way to every applicant. It continues with the calendar: keeping the rental business license and registration current, sending a compliant notice by both required methods as soon as the lease allows, and diarying the 14-day service and 21-day eviction-notice deadlines the day they are triggered.

When a case does have to be filed, we coordinate it. Eviction coordination is a $750 flat manager fee as a separate engagement, and it is included at no separate charge on annual billing with Preferred or Concierge for a tenant we placed. Hard costs, such as court filing fees, service, lock changes and storage, are billed at cost, and the courtroom attorney is retained and paid by you directly.

Our pricing is flat and it does not move with your rent: starting at $139/mo, with $139 (Basic) / $179 (Preferred) / $349 (Concierge), annual billing. Your management cost should not rise just because rent did, and on a higher-rent DC property that gap compounds every year you own it. See what property management costs in Washington DC for the comparison, or our Washington DC property management page for how we work in the District.

Not sure your DC license, registration and lease would hold up in Landlord and Tenant court? Start with a free rental analysis. We will tell you what your DC property should rent for and where your paperwork is exposed.

Sources

  • DC Code § 42-3505.01 — Evictions (for-cause rule, late-fee bar, notice service and language rules, court discretion on defects, 10-day nonpayment notice and $600 floor, notice content and delivery, grounds and notice periods, weather ban, license at writ, ERAP stay and waiver). DC Law Library, verified September 30, 2026. (code.dccouncil.gov)
  • DC Code § 42-3505.01a — Storage and disposal of tenants’ personal property upon eviction (21-day notice, lock change with the Marshals, redemption ends at eviction, 7-day storage and access). Verified September 30, 2026. (code.dccouncil.gov)
  • DC Code § 16-1501 — Definition; summons ($600 floor, rental registration and rental housing license requirement, court discretion at initial hearing). Verified September 30, 2026. (code.dccouncil.gov)
  • DC Code § 16-1502 — Service of summons (14 days before initial hearing, posting, mailing, timestamped photo). Verified September 30, 2026. (code.dccouncil.gov)
  • DC Code § 16-1502a — Protective orders and court registry payments. Verified September 30, 2026. (code.dccouncil.gov)
  • DC Code § 16-1503 — Judgment and execution for possession. Verified September 30, 2026. (code.dccouncil.gov)
  • District of Columbia Courts, Landlord and Tenant — $15 filing fee, complaint Forms 1A–1D, Summons Form 1S, service and Declaration of Service (L&T Form 3), answers and counterclaims, protective orders, Resource Center, mediation, locations. Verified September 30, 2026. (dccourts.gov)
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Frequently Asked Questions

How long is the eviction notice in Washington DC?▾

It depends on the ground. For nonpayment of rent, DC Code § 42-3505.01(a-1)(1) requires a notice of intent to file at least 10 days before filing, and only if at least $600 is owed. For other lease violations, § 42-3505.01(b) gives the tenant 30 days to correct the violation. Owner move-in and sale-for-occupancy notices are 90 days under § 42-3505.01(d) and (e), substantial rehabilitation is 120 days under (h), and demolition is 180 days under (g). Note that the model language the statute requires inside the nonpayment notice still refers to 30 days, so confirm the current wording with a DC landlord-tenant attorney before you serve one.

Can a DC landlord evict a tenant when the lease ends?▾

Generally no. DC Code § 42-3505.01(a)(1) provides that no tenant shall be evicted, notwithstanding the expiration of the lease, so long as the tenant continues to pay the rent the housing provider is entitled to. The lease ending is not, by itself, a ground. You need one of the reasons the statute lists, such as nonpayment, an uncured lease violation, a court-determined illegal act, or a good-faith owner move-in, each with its own notice.

How much does a tenant have to owe before a DC landlord can file for eviction?▾

At least $600. DC Code § 16-1501(b) bars a complaint for possession based on nonpayment of rent of less than $600, and § 42-3505.01(a-1)(1) says the landlord shall not even issue the pre-filing notice below that amount. You can still sue to recover smaller balances as money owed, just not for possession. Late fees do not count: § 42-3505.01(a)(1) says nonpayment of a late fee shall not be the basis for an eviction.

What does it cost to file an eviction case in DC?▾

The DC Courts publish a $15 filing fee to start a Landlord and Tenant case, paid at the time of filing. That is the smallest cost involved. The larger costs are the months of rent lost while the case runs, service of process, an attorney if you use one, lock changes on eviction day, and turnover.

Who carries out an eviction in Washington DC?▾

The United States Marshals Service executes the writ of restitution in DC. Under DC Code § 42-3505.01a, the landlord must also send its own notice confirming the eviction date at least 21 days beforehand by phone or electronic message, first-class mail and posting at the unit, and must change the locks in the presence of the Marshals on eviction day, at the landlord’s expense.

What happens to a tenant’s belongings after a DC eviction?▾

They stay in the unit for 7 days after the eviction, excluding Sundays and federal holidays, under DC Code § 42-3505.01a(d). The landlord must store them with reasonable care and give the former tenant at least 16 total hours of access between 8:00 a.m. and 6:00 p.m. over no more than 2 days, without charging rent or fees for that period. Anything left after the 7 days is deemed abandoned, and the statute limits how it may be disposed of.

Can a DC eviction be stopped by weather?▾

Yes. DC Code § 42-3505.01(k) bars executing an eviction on any day the National Weather Service predicts at 8:00 a.m. that the temperature at the National Airport weather station will fall below 32°F or rise above 95°F, and whenever precipitation is falling at the rental unit. Narrow exceptions in § 42-3505.01(k-1) apply where a court has found an illegal act, undue hardship on neighbors, or abandonment.

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