The D.C. eviction process is court-supervised from start to finish: a landlord must have a legally recognized reason, give the tenant the right written notice, file a lawsuit in the Landlord and Tenant Branch of D.C. Superior Court, go through mandatory mediation, and win a judgment before the U.S. Marshals Service can physically remove anyone. No landlord in the District can lawfully change the locks, cut off utilities, or set belongings on the curb without that court order.
How long the process takes and how it ends depends heavily on why the landlord is filing, whether the tenant appears, and whether the tenant raises one of several defenses D.C. law provides.
Reasons a Landlord Can Evict
A lease ending is not a reason. Under D.C. law, a tenant who keeps paying rent can stay in the unit after the lease term expires, and the landlord has to prove one of the specific grounds recognized by statute before a court will order possession.1D.C. Law Library. District of Columbia Code 42-3505.01 – Evictions
The recognized grounds are:
- Nonpayment of rent, but only if the tenant owes at least $600.
- A significant lease violation the tenant has not fixed within 30 days of written notice.
- Illegal activity in the unit or building.
- Personal use by a landlord who is a natural person, not a company, wanting to move in.
- Sale to a buyer under a signed contract who will occupy the unit.
- Renovation so extensive it cannot reasonably be done with the tenant in place.
- Demolition or permanent removal of the unit from the rental market.
Pick the wrong category, skip a step, or file when the arrears are under $600, and the case can be thrown out.
Notice Periods by Reason
D.C. does not use one notice for everything. The time a landlord owes a tenant before filing suit depends on why:1D.C. Law Library. District of Columbia Code 42-3505.01 – Evictions
- Nonpayment of rent: at least 10 days’ written notice, stating the exact dollar amount owed, including a payment ledger, and telling the tenant they can avoid eviction by paying in full.
- Lease violations other than nonpayment: 30 days to cure.
- Illegal activity: 30 days for most offenses, dropping to 10 days for dangerous or violent crimes committed after December 31, 2025.
- Personal use or sale to an owner-occupant: 90 days to vacate.
- Renovation or substantial rehabilitation: 120 days to vacate.
- Demolition: 180 days to vacate.
The nonpayment notice must also warn the tenant that if the amount owed is below $600, the landlord cannot bring an eviction case at all. If the landlord knows the tenant’s primary language is something other than English or Spanish and it falls under D.C.’s Language Access Act, the notice has to be provided in that language too. Missing either requirement is a separate basis for dismissal.1D.C. Law Library. District of Columbia Code 42-3505.01 – Evictions
Before serving any notice, the landlord must hold a current business license for rental housing and have the property registered with the Rental Accommodations Division. The court checks for the license again later, when the landlord asks for the writ that authorizes physical eviction.
Filing the Case
Once the notice period passes without the tenant curing or moving out, the landlord files a Verified Complaint for Possession of Real Property with the Landlord and Tenant Branch of D.C. Superior Court. Nonpayment cases use Form 1C. The complaint must name the tenant in full, identify the property, and give an accurate accounting of any rent owed, broken down into permitted charges.
“Verified” means the landlord swears under oath that everything in the complaint is true. Inflated numbers or sloppy math can sink the case. The filing fee is $15. Most filings move through the court’s electronic system, and the clerk assigns a hearing date once the complaint is accepted.
Late fees are tightly capped. A landlord can charge no more than 5% of the monthly rent, only if the lease specifies the fee amount, and only if the tenant is at least five days past due. One late fee per overdue rent period, and unpaid late fees on their own cannot support an eviction case.2D.C. Law Library. D.C. Law 21-172 – Rental Housing Late Fee Fairness Amendment
How the Papers Reach the Tenant
The summons and complaint must be delivered to the tenant at least 14 days before the first hearing. Service can be made by any competent person 18 or older who is not a party to the case.3D.C. Law Library. District of Columbia Code 16-1502 – Service of Summons
Handing the papers directly to the tenant is preferred. If that fails, the server can leave them with someone at least 16 years old who lives at or is in possession of the property. Posting on the door and mailing is a last resort, allowed only after a real attempt at personal or substitute service. When papers are posted, the server has to photograph the posted summons with a readable timestamp, and a copy has to be mailed first-class within three calendar days.4District of Columbia Courts. Superior Court Rules of Procedure for the Landlord and Tenant Branch – Rule 4 Process
The Court Date, Mediation, and Trial
The first court date, sometimes called the return date, is not a trial. Both sides appear, and the court sends them into mandatory mediation. A mediator helps the parties see whether a payment plan, a move-out agreement, or some other resolution can settle the case.
If they reach an agreement, it becomes a consent judgment. That agreement is enforceable, so a tenant who signs up for a payment plan and then misses a payment can face an accelerated path to eviction. A tenant who does not show up at all opens the door to a default judgment for the landlord.
When mediation fails, the case proceeds to trial. Tenants can demand a jury, though most contested cases are decided by a judge. The landlord has the burden of proving the eviction grounds with evidence like rent ledgers, the lease, and photographs. If the judge is satisfied, the court enters a judgment for possession.
Paying to Stop the Eviction
In nonpayment cases, a tenant can stop the eviction at any point before the Marshals physically carry it out by paying the full amount of rent owed. This right to redeem survives even after judgment. The court can also stay the case if the tenant shows a pending application for the Emergency Rental Assistance Program that would cover the full arrearage.1D.C. Law Library. District of Columbia Code 42-3505.01 – Evictions
Tenant Defenses That Can End the Case
Three defenses do the heaviest work in D.C. eviction court, and landlords who don’t plan for them often lose.
Retaliation
If the tenant reported housing code violations, contacted a government agency, organized with other tenants, or took legal action against the landlord, and the eviction was filed within six months of that activity, the court presumes the case is retaliatory. To overcome that presumption, the landlord must produce clear and convincing evidence the filing had nothing to do with the tenant’s protected activity.5D.C. Law Library. District of Columbia Code 42-3505.02 – Retaliatory Action
Warranty of Habitability
Every residential lease in D.C. carries an implied warranty of habitability. The unit has to meet the District’s housing code. Where a landlord let serious code violations sit unresolved, the tenant can raise those conditions as a defense to a nonpayment claim, and the court can reduce the rent actually owed based on how badly the violations affected livability. A $3,000 arrears claim on a unit with a broken heating system and mold may come out much lower after the court does the math.
Improper Notice
The court can dismiss the case outright if the landlord used the wrong notice period, filed before the notice period elapsed, failed to include photographic proof of posted service, or did not provide the notice in the tenant’s primary language when required. These are statutory grounds for dismissal, not technicalities the court forgives.1D.C. Law Library. District of Columbia Code 42-3505.01 – Evictions
The Writ of Restitution and the Marshals
A judgment for possession does not end things. The landlord still cannot change locks, remove belongings, or shut off utilities. To get the tenant physically removed, the landlord applies to the court for a writ of restitution, which authorizes the U.S. Marshals Service to carry out the eviction.
At this stage, the landlord must show the court a current rental housing business license. The writ is valid for 75 days; if the Marshals do not execute within that window, the landlord has to apply for a new one.
Once the writ is issued, the Marshals schedule the eviction and mail the tenant a notice of the date. Tenants receive at least three weeks’ notice before the scheduled removal.6U.S. Marshals Service. District of Columbia Superior Court – Evictions Process
Weather Delays
The Marshals will not carry out an eviction while precipitation is falling or on any day when the temperature is forecast to drop below 32 degrees Fahrenheit. When weather forces a delay, the Marshals post a notice at the property stating the eviction is in progress and will be completed on the next available date when conditions permit.6U.S. Marshals Service. District of Columbia Superior Court – Evictions Process
Belongings Left Behind
On the eviction day the landlord must have a locksmith on site to change the locks. Anything the tenant leaves behind has to stay in the unit for seven days after the eviction, excluding Sundays and federal holidays. During that period the landlord must take reasonable care of the property and give the tenant access for at least 16 total hours spread over no more than two days, between 8 a.m. and 6 p.m. No rent or fees can be charged for the storage period. After the seven days, anything still there is treated as abandoned and the landlord can dispose of it.7D.C. Law Library. District of Columbia Code 42-3505.01a – Storage and Disposal of Tenants Personal Property Upon Eviction
Self-Help Evictions Are Illegal
Landlords who bypass the court process face real financial exposure. Changing locks, shutting off heat or water, hauling out belongings, or any other move to force a tenant out without a court order and the Marshals is unlawful. A landlord who violates the late-fee or nonpayment-eviction rules can owe the tenant the overcharged amount, or three times that amount if the court finds bad faith, plus civil fines of $100 to $5,000 per violation.8D.C. Law Library. District of Columbia Code 42-3509.01 – Penalties
Getting an Eviction Record Sealed
An eviction filing can trail a tenant through background checks for years, even where the tenant won or the case was dismissed. D.C. law provides two routes to seal.
If the case did not result in a judgment for possession in the landlord’s favor, the court automatically seals all records 30 days after the final resolution. No motion needed.9D.C. Law Library. District of Columbia Code 42-3505.09 – Sealing of Eviction Court Records
Even when the landlord won, a tenant can move to seal at any time by showing a qualifying circumstance, including:
- The case was based on less than $600 in unpaid rent.
- The tenant was in a subsidized housing program.
- The landlord filed in retaliation for the tenant exercising legal rights.
- The landlord had unresolved housing code violations in the unit.
- The eviction was connected to domestic violence, sexual assault, or stalking.
- The parties settled without the landlord recovering possession.
Once records are sealed, landlords and housing providers cannot ask about the sealed case or use it as a basis for denying a rental application.9D.C. Law Library. District of Columbia Code 42-3505.09 – Sealing of Eviction Court Records