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Washington D.C. Building Possession Lawsuit | Procedure, Timeline, Cost, and Required Documents
A Building Possession Lawsuit in Washington D.C. is initiated by a landlord when a tenant unlawfully continues to occupy a property after the lease has expired or been lawfully terminated. This guide outlines the full process, timeline, required documentation, and associated costs of filing such a lawsuit under D.C. law.
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1. Washington D.C. Building Possession Lawsuit: When Is It Necessary?
This lawsuit is commonly pursued when tenants refuse to vacate a property even after their legal right to occupy has ended. The primary goal is to obtain a court order directing the tenant to relinquish possession, followed by legal enforcement if necessary.
Washington D.C. Building Possession Lawsuit: Common Filing Scenarios
Below are the typical circumstances that warrant filing a Building Possession Lawsuit in Washington D.C.:
- The lease has expired or been terminated, but the tenant remains in the property.
- A third party is unlawfully occupying the property without a valid lease.
- The tenant breached lease terms (e.g., illegal use or unauthorized alterations), resulting in termination of the agreement.
2. Washington D.C. Building Possession Lawsuit: Procedure and Timeline
This process is governed by the D.C. Superior Court's Landlord and Tenant Branch and typically involves pre-litigation notices, filing the complaint, trial, and if necessary, enforcement.
Washington D.C. Building Possession Lawsuit: Step-by-Step Process
- Send a Legal Notice: Issue a written notice to vacate the premises (typically 30 days). This is a prerequisite before initiating any lawsuit, as required by D.C. Code § 42–3202.
- File the Complaint: Submit a "Complaint for Possession" with the Landlord and Tenant Branch. This includes information about the lease, notice, and grounds for possession.
- Court Proceedings: The tenant is summoned to appear. The court may schedule mediation or proceed to trial if contested.
- Judgment and Writ of Restitution: If the landlord prevails, the court issues a judgment of possession and a writ allowing the U.S. Marshals or D.C. eviction officers to enforce removal.
- Eviction Enforcement: A scheduled eviction date is set. Tenants must vacate by that date, or law enforcement will forcibly remove them.
Washington D.C. Building Possession Lawsuit: How Long Does It Take?
The average lawsuit takes 2 to 4 months from the filing date, depending on whether the tenant contests the case, requests a jury trial, or requests more time. Emergency filings such as temporary restraining orders (TROs) can accelerate possession but are rarely granted.
3. Washington D.C. Building Possession Lawsuit: Required Documents
To successfully initiate a building possession lawsuit, the following documents are typically required:
| Document | Purpose |
|---|---|
| Lease Agreement | Proof of legal relationship and terms |
| Notice to Vacate | Evidence that tenant was lawfully informed |
| Complaint for Possession | Official lawsuit form filed with the court |
| Proof of Service | Confirmation the tenant received court notice |
| Affidavit of Non-Compliance | Optional—demonstrates ongoing unlawful occupancy |
| D.C. Property Records/Deed | Shows legal ownership of the property |
Filing must occur at the Landlord and Tenant Branch located at 510 4th Street NW, Washington, D.C. This court has exclusive jurisdiction over residential possession cases.
4. Washington D.C. Building Possession Lawsuit: Cost Breakdown
Filing a lawsuit incurs various legal and logistical expenses. Here's a simplified breakdown:
Washington D.C. Building Possession Lawsuit: Typical Costs
- Court Filing Fee: ~$15–$100 depending on claim complexity (D.C. Superior Court fee schedule)
- Service of Process: ~$20–$50 per attempt
- Attorney Fees: $1,000–$5,000 depending on case length
- Eviction Execution Fee: ~$150–$300 for U.S. Marshals or D.C. Eviction Services
- Storage and Moving: Additional fees if tenant’s property is to be moved or stored
Washington D.C. Building Possession Lawsuit: Cost Recovery
If the court rules in favor of the landlord, it may award court costs and legal fees. However, actual reimbursement depends on tenant solvency and whether the court finds such fees justifiable.
5. Washington D.C. Building Possession Lawsuit: Legal Support and Risks
Initiating a possession lawsuit without professional guidance may result in procedural missteps or even counterclaims by the tenant.
Washington D.C. Building Possession Lawsuit: Importance of Legal Precision
Because unauthorized entry into a tenant’s property—even after lease termination—may result in criminal trespass charges under D.C. Code § 22–3302, landlords are strongly advised to seek court orders before attempting eviction. Any wrongful eviction attempt may also trigger tenant retaliation laws and civil penalties.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
