Tenant Eviction Request

When a fixed-term lease expires, landlords must provide at least 30 days’ written notice if they do not intend to renew the tenancy. For month-to-month tenancies, 30-day advance notice is also required for termination. If no notice is given, the tenancy automatically continues on a month-to-month basis under the original terms. It is crucial to note that D.C. law contains many "just cause" protections, meaning a landlord cannot simply terminate an expired lease without a valid, legally-recognized reason such as selling the property or owner move-in. The requirement for just cause significantly limits a landlord's power to end a tenancy, even after the lease term ends.

For serious lease violations such as non-payment of rent, engaging in illegal activity on the premises, or unauthorized subletting, landlords must issue a "Notice to Cure or Quit" or a "Notice to Vacate." The specific type and duration of notice depend entirely on the nature of the tenant's violation, as outlined below:

Tenants must receive the official notice in writing, and the delivery method is vital. Delivery must be personal, via certified mail, or conspicuously posted with a corresponding legal confirmation. Improper service of the notice, even by a single day or an incorrect posting location, may be used as a successful defense by the tenant and automatically invalidate the landlord's eviction claim in court. Landlords must retain indisputable evidence of proper service.

The process for lawful eviction in the District of Columbia follows these basic, mandatory steps once the notice period has expired:

• Serve Valid Notice: Provide the appropriate formal notice based on the lease breach or expiration, ensuring correct service and retention of proof.
• File a Complaint: After the notice period has elapsed, file the formal lawsuit and summons with the D.C. Superior Court and properly serve the tenant.
• Court Hearing: Both parties must appear before a judge. The landlord bears the burden of proving lawful grounds for the eviction and valid notice. Tenants are entitled to legal representation and time to prepare their defense.
• Judgment for Possession: If the court finds in favor of the landlord, a binding judgment for possession of the property is formally issued. This judgment legally terminates the tenancy.
• Writ of Eviction and U.S. Marshals Service: If the tenant still does not leave voluntarily, the landlord must request a writ of eviction from the court clerk. Only U.S. Marshals are legally authorized to physically remove tenants from the premises, underscoring the legal seriousness of the final step.

Tenants in Washington D.C. benefit from exceptionally strong legal protections and may defend against an eviction on several grounds, including those below. They can successfully challenge a case by proving one of the following:

• Improper notice or service by the landlord, including errors in the notice content or delivery method.
• Retaliatory eviction after a tenant has made a formal complaint to the D.C. Housing Authority or requested repairs.
• Discrimination under the D.C. Human Rights Act based on protected characteristics (e.g., race, religion, sexual orientation).
• Breach of the legally implied warranty of habitability, meaning the landlord failed to maintain the unit in a safe and sanitary condition.

If any of these tenant defenses succeed in court, the eviction will typically be dismissed or significantly delayed, requiring the landlord to remedy the issue and potentially restart the entire process.

D.C. law explicitly prohibits landlords from attempting to remove tenants through any illegal self-help methods. Changing locks, shutting off utilities, or removing a tenant's personal belongings without a court order is strictly illegal and may result in heavy fines or criminal charges against the landlord. Landlords must never take actions like:

• Entering the unit without tenant consent, except in a genuine emergency.
• Turning off heat, electricity, or water services.
• Removing tenant property from the premises and disposing of it.
• Threatening, coercing, or harassing tenants to compel them to move out.

Such unlawful behavior not only invalidates any ongoing eviction case but also opens the landlord up to potential civil lawsuits seeking substantial damages and legal fees from the tenant for illegal eviction tactics.

Landlords must meticulously maintain accurate records to support their case in the Landlord and Tenant Branch of the Superior Court. The foundation of a successful eviction case rests entirely on the landlord's ability to prove their claims with verifiable evidence. Essential documentation includes:

• Signed lease agreements, all addenda, and any renewal documents.
• Complete payment records, ledgers, and receipts, showing dates and amounts.
• Proof of proper delivery for all official notices, including certified mail receipts or affidavits of service.
• Photographs, maintenance requests, or correspondence supporting the claims of lease violations or property damage.

Such comprehensive documentation is absolutely critical in eviction lawsuits, especially when tenants contest the landlord's claims regarding non-payment, unauthorized occupants, or breaches of quiet enjoyment.