By LPJ Legal
OVERVIEW
If you’re a landlord dealing with unpaid rent you need to know exactly how the process works in Washington, D.C. The rules are strict, and missing a step can cost time and money.
- Written Notice is Required for eviction due to nonpayment of rent.
- After the written notice, the landlord may file a nonpayment of rent case in D.C. Superior Court.
- Even if the landlord wins in court, often times, the tenant can stop the eviction by paying all past-due rent, fees, and court costs
- Self-help evictions, including lockout, are illegal. Evictions can only be done by US Marshals.
LPJ Legal specializes in representing landlords during residential and commercial disputes, expertly representing them during court proceedings. To become a landlord/tenant client, contact us at (202) 643-6211.
LPJ Legal also represents tenants during commercial disputes.
In Washington D.C, if a landlord is working with a lawyer, then the landlord does not have to personally appear in court for an eviction case until testimony is needed—saving valuable time.
1: Written Notice Is Required
A tenant’s rent payment must be at least $600 behind to warrant an eviction due to nonpayment.
The eviction cannot be filed right away. First, the landlord must serve the tenant with a 30-day written notice stating amongst several other things:
- The amount of rent owed (at least $600), and
- That the tenant has 30 days to pay in full to avoid eviction.
The notice must be delivered by mail or through a conspicuous posting at the property. If the tenant pays the rent due within those 30 days, the process ends.
📢 IMPORTANT: Improper notice is one of the top reasons evictions get delayed or dismissed.
2: Filing in Court
If the tenant doesn’t pay within the 30-day notice period, the landlord may file a nonpayment of rent case in D.C. Superior Court.
At this stage:
- The landlord must prove the rent is legitimately owed via a signed rental agreement, a rent ledger/payment history, or receipts, invoices, or bank statements. Copies of the 30-day notice to evict with proof of proper service is required.
- The tenant has the right to respond and raise defenses (for example, proof that the rent was already paid, or that the unit has serious housing code violations—the violations could reduce the amount of rent owed).
Based on the evidence submitted, the court will make a ruling.
If you are a landlord, click here for legal representation.
3: Tenant’s Right to Redeem
Even if the landlord wins in court, the tenant’s right to redeem allows them to stop the eviction by paying all past-due rent, fees, and court costs—any time before the U.S. Marshals carry out the eviction and physically remove the tenant
This “right to redeem” is a key feature of D.C. law. It can be used an unlimited number of times during any lease period.
4: Eviction Can Only Be Done by the U.S. Marshals
If the tenant does not pay, and the landlord has a judgment for possession, the landlord must still file a writ, which is sent to the is the U.S. Marshals Service who, then calls the Landlord or his/her representative to schedule an eviction.
📢 IMPORTANT:
- Landlords cannot remove tenants themselves. This is illegal.
- Other self-eviction measures, including lockouts, changing locks, or cutting off utilities are also illegal.
Only the US Marshals have authority to carry out the eviction.
What a Lawyer Provides
A lawyer helps a landlord during an eviction process by making sure everything is done legally, quickly, and with the best chance of regaining possession of the property.
1. Ensuring Proper Notice
Improper notice is one of the top reasons evictions get delayed or dismissed. A lawyer drafts the eviction notice to make sure it meets state and local requirements.
Likewise, a lawyer makes sure the landlord doesn’t take illegal “self-help” actions, like changing locks or shutting off utilities, which could result in lawsuits.
2. Filing the Eviction Lawsuit
If the tenant doesn’t move out after notice, the lawyer prepares and files the eviction lawsuit with the court, ensuring all paperwork is accurate and filed within deadlines.
3. Representing the Landlord in Court
In Washington D.C, if a landlord is working with a lawyer, then the landlord does not have to personally appear in court for an eviction case until testimony is needed. Lawyers argue the landlord’s case before the judge, presenting evidence like the lease agreement, payment records, and notices.
They also cross-examine the tenant if the tenant shows up to contest the eviction. Tenants often argue issues like improper notice, unsafe living conditions, or retaliation. A lawyer knows how to rebut these defenses and keep the case focused on the eviction.
4. Securing the Writ of Possession
Once the landlord wins, the lawyer helps obtain a court order (writ of possession) so the sheriff or U.S. Marshalls can legally remove the tenant.
5. Collecting Unpaid Rent or Damages
Beyond just regaining the property, the lawyer can pursue a judgment for unpaid rent, late fees, or property damage.
Whether you’re trying to move forward with an eviction or are still at the notice stage, getting legal advice early can save time, stress, and costly mistakes.
