Eviction Laws in DC
Washington, DC eviction cases are heard by the Landlord and Tenant Court. This body also hears cases involving squatters and other occupants of a house who did not have a lease to begin with. The landlord is required to issue a written demand that the tenant vacate the premise, then seek a court hearing to get a judgment that can force eviction.
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Reasons
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A landlord can seek to evict a tenant for nonpayment of rent, breaching a lease, breaching the local housing code or selling drugs from the property. The landlord may also seek eviction in order to sell, substantially renovate, move into or otherwise stop renting the property.
Notice
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For cases other than non-payment of rent or selling drugs, the landlord must issue a notice either demanding the tenant rectify an action, vacate the premises or simply demand the tenant vacate, depending on the situation.
For non-payment of rent, a landlord does not always have to provide notice, though giving 30 days notice can make the eviction process easier in court.
In cases of the tenant breaching the lease or committing an illegal act, the landlord must give 30 days notice.
If the landlord wishes to take possession of the property to live in it himself or to sell the property, the notice period is 90 days. The landlord must also give the tenant first refusal when selling a property.
If the landlord wishes to carry out renovations that would make the property unsafe to live in during the renovation process, the notice period is 120 days. The tenant must be offered the opportunity to return once the renovations are complete.
If the landlord wishes to demolish the property, the notice period is 180 days.
Legally a notice must be written in Spanish and English, but a court may still uphold a notice written in English only, delivered to an English speaker.
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Court procedure
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Once a landlord has issued the notice, he can file suit in the Landlord and Tenant Court. This brings about a case hearing, usually within three to four weeks, at which the tenant may make a counter-claim, for example if non-payment of rent is a protest at a failure to carry out necessary repairs. The court may reject the case, issue a judgment against the tenant or oversee a settlement agreement for payment of overdue rent.
Drugs
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In the case of a tenant being suspected of selling drugs, the landlord must follow the standard eviction procedure. However, the landlord can inform the clerk that he is bringing a "drug haven" case. This will mean the case is heard within two weeks.
Eviction
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To force an eviction, the landlord must first have a judgment in his favor. If there is a default (that is, the tenant has failed to appear at the landlord and tenant case hearing), the landlord must convert this into a judgment. This is done by paying $100 to file a "Soldier and Sailors affidavit," which is simply a declaration that the tenant isn't serving with the military.
Once the landlord has the judgment, she must wait 48 hours and then file a writ of restitution. This creates the formal eviction order and entitles the US Marshals service to evict the tenant.
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