UNDERSTANDING LANDLORD TENANT LAWS IN THE DISTRICT OF COLUMBIA

October 13, 2025

WASHINGTON D.C.

Landlords seeking to evict a tenant for failure to pay rent or for breach of a lease provision must use the Landlord Tenant Court. Most cases solely allege nonpayment of rent.

Approximately 98% of the tenants sued in the L&T Branch are not represented by counsel. About 5% of landlords also appear pro se. As this manual details, D.C. law gives tenants (1) substantive rights that govern the services landlords must provide tenants in return for rent and (2) procedural rights when disputes with landlords arise, particularly when landlords seek to evict tenants. Among the most important, from the practitioner's perspective: " D.C. is one of the few jurisdictions that is limited to "for cause" eviction. This means that a landlord may only evict a tenant if the tenant per the statute. Perhaps the single most surprising aspect of this feature of the law - to landlords and tenants alike - is that the end of a lease is not sufficient cause for eviction. In other words, if a one-year lease has been signed by all parties, the fact that the year has ended does not give rise to a complaint for possession of real estate. The tenant may continue living in the unit and lease automatically goes month-to-month. This leads to what many call, less inaccurately than one might think, the "perpetual tenancy." " There can be no "self-help" evictions by the landlord. In other words, there can be no eviction without a judgment, writ of restitution, and the U.S. Marshals Service supervising the eviction. In turn, the Marshals Service only carries out an eviction after the landlord brings an action against the tenant and successfully obtains a judgment from the court. " Even in the case of an apparently valid landlord claim against the tenant where ultimate eviction appears extremely likely, there are a number of hoops through which the landlord still must jump. At a purely practical level, each hoop extends the possible eviction date and can buy time for the tenant who lacks valid defenses-either to look for a new place to live or come up with the back rent.

3. " A tenant sued solely for nonpayment of rent ultimately can prevent eviction if he or she can come up with the full rent arrearage by the eviction date (the so-called Trans-Lux amount). " As a general proposition, a tenant sued for a lease violation other than nonpayment has the ability to cure the violation. Before proceeding to the nuts-and-bolts sections of this manual, a few other points should be kept in mind. Despite its specialized nature, the L&T Branch has not been served by a single corps of specialized judges, but rather by a combination of magistrate judges and Civil Division judges whose schedules rotate. Magistrate judges assigned to L&T Branch changed on January 1, 2024. You can find the current assignments at:

https://www.dccourts.gov/index.php/superiorcourt/judges#magistrate.

Currently, all initial and further initial hearings are hybrid. Moreover, the system is designed to encourage early settlement, and a very high number of cases settle on the initial hearing date, particularly with pro se tenants/defendants. From the court's perspective, the great volume of cases dictates a high settlement volume to make the trains run on time. All cases will be set for mediation, and a select few may be sent to the new Eviction Diversion Program. The Eviction Diversion Program is a new program launched in 2023. It uses tiers to select cases that would likely benefit from early mediation and problem-solving, rather than litigation. Many landlords and property managers are now offering payment plans before litigation begins, rather than settlement plans. To tenants, particularly tenants who have limited income and limited education, this is a confusing process that may cause the tenant to think they already resolved the case. Of course, settlements based on reasonable payment schedules are not per se a bad thing, particularly for tenants without valid defenses who simply fell behind on rent because they did not have the money when their rent fell due. But many tenants will not have a clear understanding of their rights or the intricacies of landlord-tenant law. In that regard-and this will be discussed in detail in the body of this manual-it is common practice at the L&T Branch for landlords to seek settlement by "consent judgment" on L-T Form 4, a court-provided form. While the tenant may simply think he or she is agreeing to a payment schedule and is not waiving any defenses, under a consent judgment the tenant essentially "agrees to lose." The consent judgment enters judgment for possession in favor of the landlord and "stays" eviction so long as the tenant complies with the settlement terms, i.e., the repayment schedule. In other words, if the tenant does not comply with the terms of the settlement, i.e., is late on repayment, the landlord has a judgment in hand to follow through with the eviction. The tenant has also waived any violations of the D.C. Housing Regulations or other defenses he or she might have otherwise been able to raise, and repairs generally are not included in these consent judgments. It is always the tenant's lawyer's duty to make sure that, if the tenant he or she represents chooses to settle, the tenant fully understands all of his or her rights and options, as well as all potential consequences flowing from the settlement. Indeed, that duty must be kept in mind at 4 every stage of the process. Some tenants have experienced the process before, but for many, this will be a maiden voyage. The attorney must make sure that his or her client really understands the advice being rendered and the consequences of each decision. In this regard, please note that your mentor is a willing and useful source of guidance in thinking through your strategy. All initial and further initial hearings are hybrid, while trials and evidentiary hearings are typically in person. Mediation is also usually virtual. Counsel should appear by video if remote, and clients should appear by video if possible. Initial hearings in L&T Branch are heard in remote courtroom B-109, which is available through this link: https://dccourts.webex.com/meet/ctbb109. Further initial hearings are usually held in remote courtroom B-52, available here: https://dccourts.webex.com/meet/ctbb52. Housing Conditions Calendar (HCC) cases are heard in remote courtroom 214: https://dccourts.webex.com/meet/ctb214. You can find the daily dockets for all of these courtrooms at: https://www.dccourts.gov/services/civil-matters/civil-calendars.

II. KEY CONCEPTS A. Self-Help Evictions are Illegal. Court process must be used before a legal eviction can occur. Mendes v. Johnson, 389 A.2d 781 (D.C. 1978). Landlord-Tenant Court has summary jurisdiction over possessory actions for real estate, or actions for forcible entry and detainer. D.C. Code ï¿½ï¿½ 16-1501-1503 (2001 ed.). B. Residential Tenants Cannot be Evicted Except as Authorized by Statute. A landlord cannot evict a residential tenant simply because the lease has expired. See D.C. Code ï¿½ 42- 3505.01 (2001 ed.). For residential real estate, the Rental Housing Act of 1985 ("Rental Housing Act") controls when in conflict with other sections of the D.C. Code. Jack Spicer Real Estate, Inc. v. Gassaway, 353 A.2d 288 (D.C. 1976). With a few exceptions, the eviction control sections of the Rental Housing Act apply to all residential rentals in the District of Columbia. C. Limited Grounds for Eviction of Residential Tenants. One who is a residential tenant within the meaning of D.C. Code ï¿½ 42-3501.03 is protected by the provisions of the Rental Housing Act. The Rental Housing Act limits the reasons a landlord can evict a tenant. See D.C. Code ï¿½ 42-3505.01 (2001 ed.). The exclusive reasons for terminating a non-subsidized, residential tenancy, other than termination pursuant to the Residential Drug Eviction Act, D.C. Code ï¿½ 42-3601 et seq., are:

1. Nonpayment of rent ("NPR"). D.C. Code ï¿½ 42-3505.01(a). This is the most common type of case in the L&T Branch, representing approximately 95% of all cases. NPR cases are capable of being cured, i.e., if a tenant pays all back rent or proves none is owed, the tenant may remain in possession (note, however, that 5 notice to quit cases based on habitual late payment of rent are not redeemable, i.e., the tenant is not entitled to remain in possession even if all rent owed is paid). The Rental Housing Late Fee Fairness Act of 2016, codified at D.C. Code ï¿½ 42- 3505.31, caps late fees at five percent of the tenant's share of the rent for any payments made five days after the due date. Late fees cannot be imposed unless explicitly provided for within a written lease agreement. The Act also prohibits accounting practices whereby landlords would subtract unpaid late fees from future rent payments, thereby rendering the tenant "late" again and adding new late fees in perpetuity. Violations of the Act carry a fine of $100 to $5,000. Further, under the Fairness in Renting Emergency Amendment Act of 2020 a nonpayment of rent case cannot be commenced for less than $600. DC. Act 23- 497, codified at D.C. Code ï¿½ 16-1501. The Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, codified at D.C. Code ï¿½ 42- 3505.09, does not permit for less than $600. 2. Expiration of Notice to Quit ("NTQ") based on a violation of an obligation of the tenancy. A violation of an obligation of the tenancy after the tenant has received a 30-day notice to correct the violation or vacate and has failed to do either is grounds for eviction. D.C. Code ï¿½ 42-3505.01(b). Judgments in NTQ cases are not redeemable. a. Violations of an obligation of the tenancy include only violations of the D.C. Housing Regulations or the provisions of a written lease. D.C. Mun. Regs. Tit. 14 ï¿½ 4301.

2. b. Habitual late payment of rent is a violation subject to a notice to correct or vacate. Suggs v. Lakritz Adler Mgmt., L.L.C., 933 A.2d 795 (D.C. 2007). Because NTQ cases based on habitual late payment of rent are not redeemable, i.e. the tenant is not entitled to remain in possession even if all rent owed is paid, it is critical to determine whether there is a basis to challenge the landlord's characterization of the suit as a habitual late payment case or whether, instead, it is a standard non-payment of rent case. The stakes are higher in a habitual late payment case because even if the tenant can come up with the back rent or successfully get the back rent amount reduced, unless they defeat the allegation of habitual late payment, they will not be entitled to stay in the unit.

3. Illegal Act. Determination by a court of competent jurisdiction that the tenant, or person occupying the premises, performed an illegal act within the rental unit or accommodation and the tenant received a 30-day notice to vacate. D.C. Code ï¿½ 42- 3505.01(c). 6

4. Cases brought under the Residential Drug-Related Evictions Act ("RDEA"). Cases brought under the RDEA are governed by the standards and procedures set out in RDEA. D.C. Code ï¿½ 42-3601 et seq. (2001 ed.). See Sections III. N. (Residential Drug-Related Evictions Act (RDEA)), O. (Post-trial Proceedings, Writs and Stays of Writs) and P. (Defaults and Vacating Defaults) for additional information regarding cases brought under the RDEA.

5. "One-Strike" Cases. "One strike, you're out" is a colloquial term for a policy adhered to in federally subsidized housing which permits tenants living in public housing, site-based housing projects or otherwise receiving housing assistance from the federal government to be evicted if they, or any guest or visitor under their more-or-less direct control, engage in certain types of criminal activity on or, in some cases, off the premises. The term is used because no second chance is given to the offending tenants. See Section Criminal Activity- "One-Strike" Notices for additional information regarding one-strike cases.

6. Personal Use and Occupancy. When the owner seeks to recover possession for the owner's immediate and personal use and gives the tenant 90 days' written notice, accompanied by an affidavit swearing that the owner intends to occupy the premises, or the owner has sold or has a contract to sell the unit to a person who will use the property for his/her own immediate personal use, the owner may serve the notice on behalf of the buyer. D.C. Code ï¿½ 42-3505.01(d), (e). No one may receive or demand rent for 12 months after recovery of possession in this manner.

7. Substantial Alterations or Renovations. When the owner intends to make alterations or renovations to the buildings or unit which cannot safely be made with the unit occupied, and the tenant has received a 120-day notice and information on the tenant's right to relocation assistance. D.C. Code ï¿½ 42- 3505.01(f). The plans to alter or renovate must be approved by the Rent Administrator before the notice is sent, and the owner must comply with fairly onerous documentation requirements. The tenant has an absolute right to re-rent and, if the repairs were due to D.C. Housing Regulations violations not caused by the tenant, at the same rent as charged before the alterations or renovation.

8. Demolition of the Building. If the housing provider plans to demolish the premises and has given a 180-day notice to the tenant and has provided the tenant with information about relocation assistance. D.C. Code ï¿½ 42-3505.01(g). A copy of the demolition permit must be filed with the Rent Administrator before serving the notice. Tenants may have the right to relocation assistance under D.C. Code ï¿½ 42-3507. 7 9. Substantial Rehabilitation. If the property is going to be substantially rehabilitated and the tenant receives a 120-day notice that also notifies the tenant of relocation assistance and of the right to re-rent. D.C. Code ï¿½ 42-3505.01(h). Note that this provision requires prior approval of a substantial rehabilitation petition under the Rental Housing Act's rent control provisions. 10. Discontinuance of Housing Use. When the housing use of the property is going to be discontinued and the tenant is given a 180-day notice. The tenant must receive relocation assistance information and, for a 12-month period after discontinuance, the housing provider cannot rehabilitate or use for any housing or commercial purpose or receive rent. D.C. Code ï¿½ 42-3505.01(i). Note: Expiration of a residential lease is not grounds to evict a tenant, even if the tenant does not sign a new lease! D.C. Code ï¿½ 42-3505.01(a). Tenants in a building which is sold or foreclosed on remain tenants of the new owner, entitled to the protections of the Rental Housing Act. Adm'r of Veterans Affairs v. Valentine, 490 A.2d 1165 (D.C. 1985); Merriweather v. D.C. Bldg. Corp., 494 A.2d 1276 (D.C. 1985) (tenant holding over after foreclosure is entitled to the eviction protections of the Rental Housing Act). In a foreclosure situation, however, the terms of the lease no longer apply; the same is true for some sales of the property. Banks v. E. Savings Bank, 8 A.3d 1239 (D.C. 2010). If rent otherwise is not established, a tenant of a foreclosed homeowner would owe to the new owner the fair rental value of the premises, rather than rent itself. Nicholas v. Howard, 459 A.2d 1039 (D.C. 1983). Under the Protecting Tenants at Foreclosure Act, 12 USC 5220 note, (PFTA), the only federal protection for renters living in foreclosed properties, renters may remain in their homes at least 90 days or for the term of their lease, whichever is greater. In the case of D.C., they can simply remain because PFTA does not override more protective state laws. Under PFTA, tenants with Section 8 Housing Choice Voucher assistance have additional protections allowing them to retain their Section 8 lease and requiring the successor in interest to assume the housing assistance payment contract associated with that lease. D. Eviction of Persons Occupying Property Who are Not Tenants Under the Rental Housing Act (Tenants at Will or Non-tenants). 1. Persons occupying residential property who do not fall within the Rental Housing Act's definition of tenant may be 'tenants at will' or may not be tenants at all. These persons may be evicted without a reason. See D.C. Code ï¿½ 42-522. 2. Tenants at will include terminated co-op members, guests at hotels, foreclosed homeowners, and flat out trespassers. But be wary& it is very rare that someone is in a unit with no colorable claim to be there! True "squatter" cases are not common. Regardless, even in the above listed situations, the "landlord" must secure a writ of restitution through the L&T Branch before evicting the "tenant." 8 However, notice requirements may be relaxed in these circumstances. Note: As mentioned above in

Section II. C., the tenants of foreclosed homeowners remain protected by the Rental Housing Act. E. Who May Sue?

1. The owner of the property or any person with a right to regain possession of real estate may sue. D.C. Code ï¿½ 42-3501.03. The "person aggrieved" defining who may sue for possession includes, for example, a tenant who subleases to a subtenant, or the personal representative of an estate who sues a person who lived with and cared for the owner during his or her final illness and who remains in possession after the death of the tenant or owner of the premises. And, quite commonly, it includes not just the owner but an agent for the owner such as a property manager. a. Delwin Realty Co. v. Clark, LT 64169-83, March 1, 1984 (Taylor, J.) (unnecessary to join owner as indispensable party to prosecute counterclaim where agent has filed suit on behalf of principal). b. American Security Bank v. Cummings, LT 51430-90, Nov. 25, 1991 (Kessler, J.) (until trustee's deed recorded, purchaser at foreclosure has no authority to file complaint for possession). c. B.D.S. Inc. v. Gillis, 477 A.2d 1121 (D.C. 1984) (holding that the beneficial owner through a trust has standing to sue). d. Estate of Ellis v. Hoes, 677 A. 2d 50 (D.C. 1996) (holding the L&T court had jurisdiction over suit by the personal representative of an estate to evict relatives of the deceased who were squatters, not tenants). Sometimes a court may place an apartment building under receivership-typically in response to severe housing conditions throughout the property. The court-appointed receiver has the power to collect rents and use the proceeds to meet obligations that the landlord failed to meet. The court-appointed receiver may maintain a suit for possession in the L&T Branch against a tenant who fails to pay rent, if authorized by a court order in the receivership action, pursuant to Super. Ct. LT Rule 3-I. Shannon & Luchs Co. v. Jeter, 469 A.2d 812 (D.C. 1983).

F. Redemption of Tenancy: The Trans-Lux Doctrine.

1. A Tenant Who Loses Their NPR Case May "Redeem" and Stay in the Unit. A tenant who has been sued for nonpayment of rent has the right to remain in possession after a judgment has been entered for the landlord by tendering to the landlord the entire amount of rent, interest and costs due. The tenant may redeem at any point during the case up until the time an eviction is completed. Trans-Lux Radio City Corp. v. Serv. Parking 9 Corp., 54 A.2d 144 (D.C. 1947). This redemption is often referred to as Trans-Lux, after the name of the case, but you may also see it referred to as "L&T Form 6" or the Notice to Tenant of Payment Required to Avoid Eviction. Trans-Lux may also be available to tenants sued for breach of lease for consistent late payment of rent, Pritch v. Henry, 543 A.2d 808 (D.C. 1988), unless the late payment was "willful." Kaiser v. Rapley, 380 A.2d 995 (D.C. 1977). A similar argument for redemption may apply if a tenant is sued for a lease violation that is about money owed, e.g. unpaid utility bills or unpaid damages costs attributable to the tenant.

2. Only Available in Nonpayment of Rent Cases. Trans-Lux is not available in actions based on grounds other than nonpayment of rent (except as noted above). Judgments for possession in such actions are termed "non-redeemable."

3. The Trans-Lux Amount. To redeem, the tenant must tender the entire amount due, often called the "Trans-Lux amount." This amount will include: a. The rent due at judgment, which will be detailed in the Notice to Tenant of Payment Required to Avoid Eviction form, which the landlord must file and must be approved by the court within 7 days, unless the amount was entered on the record with both parties present. Note that if the landlord does not file the form as required, then a stay on the judgment is entered and the case must be taken before a judge for entry of a judgment for possession. b. Any rent which became due after the judgment was entered. c. The court costs usually include the filing fee of $15, a service fee (currently $8.50 plus mailing costs), and, once a writ is issued, the clerk's portion of the writ fee, which is currently $18.00 ($10 court fee and $8 U.S. Marshal Service Administrative fee). If the tenant redeems after the eviction is scheduled (i.e. on the date of the eviction, the remainder of the $213.00 writ fee ($195.00) must also be paid. d. Note that if the tenant disagrees with the amount stated, the tenant may file an Application to Reduce Payment Required to Avoid Eviction to contest the amount. e. Note that under the Rental Housing Late Fee Fairness Amendment Act of 2016, late fees are not included in the Trans-Lux amount. This is a recent change in practice, based on the Act's provision barring any eviction of a tenant for nonpayment of a late fee. Partial payments of the Trans-Lux amount do not redeem the tenancy, but if partial payments add up to the total due at any time before eviction is completed, that total does redeem the 10 tenancy. Note, however, that the marshal's portion of the writ fee ($195.00) is refundable to the landlord unless the writ is executed. The total Writ of Restitution fee is $223.00 ($20 court fee/ $195 U.S. Marshal fee/ $8 U.S. Marshal Service Administrative fee). If a tenant tenders the full payment before the day the eviction is scheduled, the amount need not include the Marshal's portion of the writ fee.

4. The Trans-Lux Amount Must Be Accepted. If the tenant tenders the entire amount due, with approved court costs, the landlord must accept payment. If the landlord refuses payment, the tenant may ask the court to order the landlord to accept payment or to pay the money into the court registry and stay the eviction. If tender is made at the time of the eviction, the U.S. Marshals will usually inform the landlord that he must accept payment. Note: The form of tender must be unconditional - a landlord may refuse to accept a letter from DHS or the Emergency Rental Assistance Program granting future emergency assistance. Gause v. C.T. Management, 637 A.2d 434 (D.C. 1994) (letter from DHS awarding future emergency assistance payment to landlord not unconditional payment). However, refusal to accept ERAP funds may be discrimination based on source of income under D.C. Code ï¿½ 2-1402.21. (See also Section V. Other Tenant Issues and Forums).

III.PROCEDURES, CLAIMS AND DEFENSES A. Notices Prior to Filing 1. What is a NTQ? A Notice to Quit is a letter to the tenant identifying the premises, alleging a valid reason that the landlord can regain possession and giving the tenant the proper notice required by the lease and/or the law, including an opportunity to cure in instances where a lease violation is alleged. The content of a Notice to Quit is regulated by the Evictions Control Section of the Rental Housing Act and regulations. D.C. Code ï¿½ 42-3505.01 ; D.C. Mun. Regs. tit. 14 ï¿½ï¿½ 4300 et seq.; 4400.

2. NTQ is Required. Proper service of a legally sufficient Notice to Quit, is a condition precedent to the filing of a suit for possession. Moody v. Winchester Mgmt. Corp., 321 A.2d 562 (D.C. 1974); see also Brown v. Sweeting, 115 Daily Wash. L. Rptr. 389 (1987) (sanctions imposed where allegation of waiver of notice to quit was false). Prior to November 2020, notices in residential cases alleging nonpayment of rent could have been waived, or the notice period shortened. Housing providers are now required to serve a notice in cases alleging nonpayment of rent. See D.C. Code ï¿½ 42-3505.01(a). No waiver of the Notice to Quit was ever allowed in leases for tenants in public housing (even for nonpayment of rent cases). See discussion of special requirements for public housing in Section IV, infra. Thus, the landlord cannot proceed directly to the court process by immediately serving the tenant with a complaint. 11

3. Notice of Intent to File Claim. D.C. Code ï¿½ 42-3505.01(a-1)(1) now requires a housing provider to provide to a tenant a 30-day notice of the housing provider's intent to file a claim against a tenant to recover possession of a rental unit. This notice may be served concurrently with other required notices in D.C. Code ï¿½ 42- 3505.01a. The court recently upheld notices of intent included in notices of past due rent, so you may see two notices on one paper. This notice is not required in cases filed pursuant to D.C. Code ï¿½ 42- 3505.01(b-1)(b) (Nonpayment of rent cases).

4. Notice of Past Due Rent. Before filing a suit for possession for nonpayment of rent, housing providers must now serve a "Notice of Past Due Rent" on tenants who are delinquent in rent. The notice must include specific language or substantively similar language set out by statute that directs a tenant to apply for rent assistance through the emergency rental assistance program (ERAP). Landlords must serve this notice on tenants at least 30 days before filing an eviction case. D.C. Code ï¿½ 42-3505.01(a-1)(1).

5. Proof of Notice is the Landlord's Burden. Except for cases brought under the Residential Drug-Related Eviction Act, a Notice to Quit is a part of the landlord's burden of proof, unless the action is brought in the L&T Branch for trespass or against an unauthorized occupant or a terminated employee. Even then, if the defendant can prove some indicia of tenancy, the case would be dismissed if no Notice to Quit had been served. White v. Allan, 70 A.2d 252 (D.C. 1949). It is generally safest for a landlord to serve a Notice to Quit to anyone who could claim the rights of tenancy before filing a complaint for possession.

6. Notice by Tenant. If a tenant who has a month-to-month tenancy or a tenancy by sufferance intends to vacate a rental unit, the tenant must give the landlord a written Notice to Quit. Notice by a tenant is irrevocable and can only be withdrawn with consent of the landlord. Burns v. Harvey, 524 A.2d 35 (D.C. 1987); D.C. Code ï¿½ 42- 3205. D.C Code ï¿½ 42-3505.54, requires that any such notice come from the tenant directly (not a third party), limits owners from requiring more than 30 days' notice except during the initial lease term, and provides that the notice must run until the first day of the next rental period following 30 days elapsing (or a longer period, if required), i.e. generally the first of the next month after 30 days expire. Note: There are special notice requirements applicable to subsidized housing that can be found in the applicable federal or local statutes. See infra.

7. Form and Content of the Notice.

a. D.C. Mun. Regs. tit. 14 ï¿½ï¿½ 4301.2 and 4301.3 set forth the requirements for a notice to correct or vacate served pursuant to D.C. Code ï¿½ 42- 3505.01(b). D.C. 12 Mun. Regs. tit. 14 ï¿½ï¿½ 4302.1-.12 set forth the requirements for a legally sufficient notice to vacate, as well as specific requirements for the different notices permitted under D.C. Code ï¿½ï¿½ 42-3505.01(c)-(j). D.C. Code ï¿½ 42-3505.01(a-1)(2) contains the requirements for notices of past due rent.

b. If the content of the notice is insufficient, then the possessory action based upon it will be dismissed. Independence Mgmt. of Del., Inc. v. Ortiz, 132 Daily Wash. Rptr. 1969 (D.C. Sup. Ct. June 2004) (content of 120-day notice fatally defective because it notified tenant he could re-rent at the existing rent ceiling, not at the existing rent). A new notice must be served, providing the tenant with a new opportunity to cure or to vacate, or more time to vacate, depending upon the statutory basis for the notice.

c. The Notice to Quit is required by D.C. Code ï¿½ 42-3206 to be written in both English and Spanish, or if the landlord knows the tenant speaks a primary language other than English or Spanish that is covered under ï¿½ 2- 1933, the landlord must provide the notice in that language. See, D.C. Code ï¿½ 42-3505.01(a1)(3).

8. Service of the Notice. Service must comply with D.C. Code ï¿½ 42-3206 (2001 ed.) which allows personal service, substituted service or posting. (See Procedure Section III B, supra). However, unlike service of the summons and complaint, personal service of a Notice to Quit can be accomplished by registered mail so long as it actually accomplishes personal service, that is, the tenant signs for the mail. Craig v. Heil, 47 A.2d 871 (D.C. Cir. 1946). Also, unlike service of the summons and complaint, the landlord himself may serve the Notice to Quit.

a. Service must comply with the statute. Moody v. Winchester Mgmt. Corp., 321 A.2d 562 (D.C. 1974); see Graham v. Bernstein, 527 A.2d 736 (D.C. 1987); Jack Spicer Real Estate, Inc. v. Gassaway, 353 A.2d 288 (D.C. 1976).

b. Acceptable methods are: personal, substitute or posting. D.C. Code ï¿½ 42- 3206 (2001 ed.); Craig v. Heil, 47 A.2d 871 (D.C. 1946); Ayers v. Landow, 666 A.2d 51 (D.C. 1995) (must strictly comply with statute -- if posted, notice must be mailed within three days of posting); Russel v. Dep't of Hous.& Urban Dev., 836 A.2d 576 (D.C. 2003) (posting of notice and then mailing notice did not comply with statute where landlord made no initial effort to effect personal service).

c. Posting must be on the door. Independence Mgmt. of Del. Inc. v. Ortiz, 132 Daily Wash. L. Rptr. 1969 (D.C. Sup. Ct. June 2004) (inserting notice between door and doorjamb insufficient posting).

d. Photographic evidence of posting is required. D.C. Code ï¿½42- 3505.01(a)(2) 13 requires that the plaintiff provide photographic evidence of the posted service, including time and date of the service, when the notice to quit or a summons and complaint are served by posting on the leased premise.

e. Burden of proof is on the landlord. Edwards v. Habib, 397 F.2d 687 (1968); Jamison v. S & H Associates, 487 A.2d 619 (D.C. 1985 (improper for the court to strike pleadings for failure to pay protective order when the landlord has misrepresented a necessary precondition or element in filing the action).

f. Service on Rent Administrator. Any notice for reasons other than nonpayment of rent must also be served on the Rent Administrator no later than five days after service on the tenant. D.C. Mun. Regs. tit. 14 ï¿½ 4300.1. If the notice is inadequate, the Rent Administrator may issue an order of noncompliance, which orders the landlord not to proceed on the notice. Stroud v. Steininger, 563 A.2d 1091 (D.C. 1989). If the notice is not timely served on the Rent Administrator, the action based on the notice may be dismissed. Banks v. E. Savings Bank, 8 A.3d 1239 (D.C. 2010). Practice tip: For cases other than non-payment of rent, it may be worthwhile to check with the Rent Administrator when you receive a case to see if the landlord properly served the Rent Administrator. Most owners' attorneys also will have a copy of the notice with a date stamp showing when the Rent Administrator was served.

9. Timing of the Notice.

a. In order to be valid, a notice alleging lease violations must allege violations occurring no more than six months before the notice was issued. D.C. Mun. Regs. tit. 14 ï¿½ 4301.4. This limitation does not apply to public housing, however, where only the general three-year statute of limitations for contract claims applies. Pratt v. D.C. Hous. Auth., 942 A.2d 656, 661, n.6 (D.C. 2008). At least one judge of the Superior Court has found that the six-month limitation does apply to Section 8 housing, and is not preempted by federal regulation. Edgewood Mgmt. v. Bell, 2007 LTB 7913, 2008 WL 1765518 (D.C. Super. Ct. Mar. 27, 2008). Note: the owner still has up to three years from the underlying violation to file suit; the sixmonth limitation applies only to the timing of the notice itself. Notices of past due rent must be served at least 30 day before filing a claim. The general statute of limitations of 3 years applies to non-payment of rent cases, meaning the notice should not include past rent over 3 years old. D.C. Code ï¿½ 12-301(a)(7).

b. The landlord must give at least as much notice as the lease or the statute requires. In Cormier v. McRae, 609 A.2d 676 (D.C. 1992), the Court of Appeals held that the 30-day notice period in month-to-month tenancies does not have to expire on 14 midnight between the last day of the terminal month and first day (the "anniversary date") of the new month for notices to quit based upon D.C. Code ï¿½ 42-3505.01.

c. In cases alleging consistent late payment of rent as grounds for eviction, the notice must expire on or after the first day of the rental period immediately following the expiration of the 30-day notice period which began with the service of the notice to correct or vacate; what this really means is that a full 30 days must be allowed to cure or correct and the notice period may need to be longer than 30 days in order to be valid. Pritch v. Henry, 543 A.2d 808 (D.C. 1988). In other words, if the landlord serves the notice on February 3, and the rental period runs from the first day of the month to the last and rent is due the first day of the month, the notice cannot expire until on or after April 1. Thus, even if the tenant does not timely pay on March 1, so long as the tenant timely pays on or prior to April 1, the violation would be cured. In no event could the landlord file a complaint prior to April 1 (even if the tenant did not make any rent payments on or prior to April 1).

d. No action for possession can be commenced until the notice has expired. D.C. Mun. Regs. tit. 14 ï¿½ 4300.2; Luskey v. Borger Mgmt., Inc., 917 A.2d 631 (D.C. 2007) (Landlord cannot sue for possession of property before expiration of written notice to vacate and giving tenant 30 days to correct violation). In Grimes v. Newsome, 780 A.2d 1119 (D.C. 2001), however, the Court of Appeals allowed a notice to cure or quit which on its face expired without giving a full 30 days to cure to be "amended" or "extended" to provide a full 30-day cure period when the complaint was filed 30 days after service of the notice.

e. If the tenant cures during the 30-day period, but thereafter violates the lease again, a new notice must be served and a new 30-day cure period afforded, but "when there is a similar repeat violation after the initial 30-day period . . . the Act allows for a fact sensitive inquiry into whether tenant has effectively cured." Borger Mgmt. Inc. v. Nelson-Lee, 959 A.2d 694, 695 (D.C. 2008). 10. What happens if the Tenant Gives Notice and Then Doesn't Leave? If the tenant gives a Notice to Quit and fails to leave, the landlord may hold the tenant liable for double rent. D.C. Code ï¿½ 42-3207. a. Notice given by the tenant must be in writing to be valid. Burns v. Harvey, 524 A.2d 35 (D.C. 1987) (landlord cannot enforce oral notice by tenant of intention to vacate).

15 b. Notice by the tenant is not required if tenant vacates pursuant to landlord's demand. i. Ryon v. Ortiz, 131 A.2d 925 (D.C. 1957) (where holdover tenant paid up and vacated after sued for possession, landlord could not seek another month's rent for failure to give 30-day notice);

ii. Ostrow v. Smulkin, 249 A.2d 520 (D.C. 1969) (where landlord accepts surrender after judgment for possession, lease terminated and tenant not liable for rent thereafter, although may be liable for breach of contract); and

iii. Sklar v. Hightower, 342 A.2d 57 (D.C. 1975) (landlord's right to 30-day notice waived where tenant informed she had to agree to rent increase or vacate). 11. Tenants Who Are Survivors of Intrafamily Offenses. Tenants who are survivors of intrafamily offenses or parents of such survivors have a defense to any eviction action "if the Court determines that the intrafamily offense, or actions relating to the intrafamily offense, are the basis for the notice to vacate." D.C. Code ï¿½ 42- 3505.01(c-

1). Such tenants also may terminate their leases during the term of the lease, or after, without incurring penalties, even penalties set forth in the lease. D.C. Code ï¿½ 42-3505.07.

a. If the tenant has obtained either a temporary or civil protection order for the abuser to vacate the property, the defense to an eviction case is absolute.

b. If the tenant has not obtained a protection order but produces a police report related to the actions that form the basis for the eviction, the defense to an eviction case is discretionary.

c. Termination is effective 14 days after the tenant notifies the landlord in writing.

d. With the written notice of termination, the tenant must provide either a) a civil protection order, or b) documentation signed by a qualified third party, showing that the offense has been reported to the third party.

e. In order to rely on the termination section, the tenant must request termination of the lease within 90 days after the intrafamily offense occurred.

f. If the tenant provides notice as set forth above, the tenant will be liable only for the rent prorated to 14 days after the request or to the date a new tenant rents the premises, whichever is earlier. 16

B. The Complaint. 1. Background. a. All court actions begin with filing a standardized Summons and Complaint Form. As outlined above, in order to get to this stage, a landlord needs to have served a notice to quit at least 30 days before filing the complaint, unless no notice is required. There are four standard complaint forms: Landlord and Tenant Form 1A (Nonpayment of Rent-Residential Property), Landlord and Tenant Form 1B (Violation of Obligation of Tenancy or Other Grounds- Residential Property), Landlord and Tenant Form 1C (Nonpayment of Rent and Other GroundsResidential Property) and Landlord and Tenant Form 1D (Commercial Property). The summons is a separate form, Landlord and Tenant Form 1S. A landlord must file a completed Form 1S and one of the completed complaint forms with the Clerk's Office (Room 110). When filing, the landlord must include copies for each defendant. " Basic Business License: a current license for rental housing issued pursuant to ï¿½ 47- 2828(c)(1) must be presented at the time of filing. " Registration/ Exemption Number: No housing provider shall file a complaint seeking restitution of possession without a valid registration or claim or exemption issued pursuant to D.C. Code ï¿½ 42-3502.05. " Under D.C. Code ï¿½ 16-1501(d), the court shall dismiss complaints missing either the BBL or RAD registration forms. o The Court may waive the BBL and RAD registration requirements if the landlord can demonstrate that the they were unable to obtain or renew a current rental housing license due to extenuating circumstances. When the complaint is filed, the clerk will assign an initial hearing date and stamp it on the complaint. The first appearance, or "initial hearing," is generally at least four weeks from filing. Practice tip: The entire docket of a Landlord Tenant case, including electronic scans of all filings, are viewable at: https://portal-dc.tylertech.cloud/Portal.

2. Plaintiffs Who are Not Natural Persons. Corporations as landlords must be represented by counsel. Super. Ct. L&T R. 9; D.C. R. 49. Any other artificial legal entity must also be represented by counsel, under Court of Appeals Rule 49. HB Mgmt., LLC v. Brooks, 133 Daily Wash. L. Rptr. 691 (D.C. Sup. Ct. Apr. 8, 2005). 3. Landlord's Prima Facie Case. In order for the landlord to gain a judgment for possession 17 the landlord must prove its case by a preponderance of the evidence, as follows: a. Nonpayment of rent. The landlord's burden of proof in a non-payment case consists of the following elements: i. Proof that a landlord-tenant relationship exists. In some actions, such as those based on an allegation that there is no tenancy ("unauthorized occupant" or "terminated employee"), the nonexistence of the landlordtenant relationship may be the actual cause of action. Nonpayment of rent cases, however, require the existence of a landlord and tenant relationship because rent (as opposed to damages for fair use and occupancy) is a contractual right. Suits for fair use and occupancy damages are part of ejectment actions brought in the Civil Division only. Nicholas v. Howard, 459 A.2d 1039 (D.C. 1983).

ii. Proof that a legally sufficient Notice to Quit was properly served. Jamison v. S & H Assocs., 487 A.2d 619 (D.C. 1985).

iii. Proof that actual rent is owed. Novak v. Cox, 538 A.2d 747 (D.C. 1988); see also WDCI Apartments v. Miller, 134 Daily Wash. L. Rptr. 2707 (D.C. Sup. Ct. Oct. 18, 2006) (summary judgment not appropriate where landlord claimed that rent paid in a certain month was being applied to arrearages for past months, and that rent was still due and owing). But see Ward v. West, 825 A.2d 926 (D.C. 2003) (landlord may seek arrearage for months not specified on complaint). iv. A minimum of $600 in rent owed. D.C. Code ï¿½16-1501(c) prohibits the plaintiff from filing a complaint seeking restitution of possession for nonpayment of rent in an amount less than $600; except, that the person aggrieved may file a complaint to recover the amount owed. b. Lease violation cases (Notice to Quit cases). To establish a prima facie case in a suit for possession based upon the failure to vacate after the expiration of a Notice to Vacate/Quit or Notice to Correct or Vacate the landlord must prove: i. A landlord and tenant relationship;

ii. Lease violation or violation of the D.C. Housing Regulations or another reason permitted by the eviction section of the Rental Housing Act. See D.C. Mun. Regs. tit. 14 ï¿½ 4301.4 (Dec. 2004). With the exception of Residential Drug Eviction cases, D.C. Code ï¿½ 42-3505.01 et seq. (2001 ed.) sets out exclusive bases for termination of a residential tenancy and 18 the number of days that each notice must run. Suits based upon reasons not contained in D.C. Code ï¿½ 42-3505.01 (2001 ed.) or with improper notice periods are subject to dismissal; iii. If the suit is for violation of the lease or another obligation of tenancy, the conduct must have occurred in the six months prior to issuance of the notice to vacate or notice to correct or vacate, D.C. Mun. Regs. tit. 14 ï¿½ 4301.4, except that public housing is not subject to this limit and instead a three-year statute of limitations applies. Pratt v. D.C. Hous. Auth., 942 A.2d 656, 661, n.6 (D.C. 2008). Note: the owner has three years from the underlying violation to file suit; the six-month limitation applies only to when the notice issues. iv. Proper service of a legally sufficient notice to vacate or notice to correct or vacate; and v. Failure to cure and failure to vacate, if a lease violation is alleged. McGinty v. Dickson, 120 Daily Wash. L. Rptr. 2693 (D.C. Sup. Ct. Nov. 9, 1992) (judgment granted for violation of rules, failure to pay electric charge, and failure to pay pro-rata rent). Practice tip: Occasionally, you will get a case where a landlord-tenant relationship does not exist between plaintiff and defendant. Sometimes people will sue for possession who are neither the landlord nor the property manager, in which case you may be able to move to have the case dismissed for lack of standing. If you believe this may be the case, you should look up the property on the Real Property Tax Database maintained by the D.C. Office of Tax and Revenue (http://otr.cfo.dc.gov/page/real-property-tax-database-search) to get the owner, square and lot number of a property. Once you have the square and lot number, you can search for all deeds associated with a property through the Recorder of Deeds at https://otr.cfo.dc.gov/service/recorder-deeds-document-images. You can also use Property Quest: https://propertyquest.dc.gov, or SCOUT: https://scout.dcra.dc.gov. C. Service of the Complaint and Summons.

1. Service of Process Must Be Made in Compliance With D.C. Code ï¿½ 16-1502 which, requires the summons to be served 30 days, exclusive of Sundays and legal holidays, , before the day fixed for the initial hearing of the action. Service may be accomplished in three ways under D.C. Code ï¿½ 16-1502: a. Personal service upon the tenant. This is the preferred method in all cases and is necessary in order to obtain a money judgment unless a tenant asserts a 19 counterclaim for money. See Super. Ct. L&T R. 3; Paregol v. Smith, 103 A.2d 576 (D.C. 1954) (landlord may elect to sue for money in addition to possession in a Landlord-Tenant action but may not bring tenant into court for possession then add claim for money). Note that under Rule Promulgation Order 17-07 (Amending Super. Ct. L&T R. 3), if the tenant-defendant asserts a counterclaim for a money judgment, the complaint may be amended to include a claim for a money judgment even if there was originally no personal service on the tenant. See also Millman Broder & Curtis v. Antonelli, 489 A.2d 481 (D.C. 1985); Lofchie v. Wash. Square Ltd. P'ship, 580 A.2d 665 (D.C. 1990); Most Worshipful Prince Hall Grand Lodge, Inc. v. Moncue, 122 Daily Wash. L. Rptr. 61 (D.C. Sup. Ct. Nov. 23, 1993) (motion for money judgment denied when nearly four months after judgment for possession passed). Practice tip: In cases where the landlord has not made personal service of process, many tenants often choose not to file counterclaims for a money judgment to avoid the possibility of a money judgment being entered against the tenant. That said, if a tenant is "judgment proof," or seems likely to pay off any judgment amount in order to remain in the unit, there may be little to be lost in filing a counterclaim for a money judgment. Always discuss the pros and cons of filing a counterclaim with the tenant when service was not personal. b. Substituted service on someone over the age of 16 residing on or in possession of the premises. The person served must be identified so that the court may ascertain if the person served was of "suitable age and discretion." c. Posting and mailing only after a "diligent effort" to achieve personal service has failed. Diligence has been interpreted to mean at least two attempts on two different days at two different times of the day. Parker v. Frank Emmet Real Estate, 451 A.2d 62 (D.C. 1982) (diligent and conscientious effort required before posting). Although the District of Columbia Court of Appeals has not directly addressed the issue as to what constitutes substantially different times of day and thus "due diligence," one judge of the Superior Court in Capital City Properties v. Watts created guidelines that a process server must follow in order to establish his diligence. Capital City Props. v. Watts, 132 Daily Wash. L. Rptr. 2417 (D.C. Sup. Ct. Oct. 21, 2004) (Dec. 8, 2004). These guidelines require the process server to make "diligent and conscientious efforts" including at least one attempt at personal service during at least two of the following times: "

(1) weekdays between 8:00 a.m. to 6:00 p.m.;

(2) weekdays before 8:00 a.m.;

(3) weekdays after 6:00 p.m.; and

(4) weekends." Attempts at personal service must be on at least two different days. Capital City Properties at 2424. 20 i. Posting is the least favored alternative and will be scrutinized carefully. Greene v. Lindsey, 456 U.S. 444 (1982) (discusses constitutionality of posting). ii. Posting means to nail, attach, affix or otherwise fasten physically and to display in a conspicuous manner. Taping has become the usual method in modern times. The summons and complaint cannot be slid under the door or placed between the door knob and door frame. Moody v. Winchester Mgmt. Corp., 321 A.2d 562 (D.C. 1974). iii. Mailing must be done "within 3 calendar days of posting." Super. Ct. L&T R. 4. The Court of Appeals has held that mailing must occur within the three calendar day period after the date of posting, not before. See Ayers v. Landow, 666 A.2d 51 (D.C. 1995) (while the ruling in this case specifically pertains to service of a Notice to Quit, it is logically indistinguishable from service of process and trial courts have consistently ruled that Ayers applies). iv. Posting and mailing will not be sufficient if the landlord has knowledge that the tenant is not (or may not be) at home and has the means to locate the tenant. "[W]hen there is information in a landlord's possession that could lead, with reasonable efforts, to finding the tenant, then the concept of a diligent and conscientious effort obligates the landlord to pursue those leads." Southern Hills Ltd. P'ship v. Anderson, 179 A.3d 297, 302 (D.C. 2018). For example, the landlord must do more if (s)he knows both

(1) that the tenant is outside the jurisdiction and

(2) where the tenant may be found. Frank Emmet Real Estate, Inc. v. Monroe, 562 A.2d 134 (D.C. 1989) (posting not proper where landlord knows address of tenant who is outside D.C.); Edelhoff v. Shakespeare Theatre at the Folger Library, Inc., 884 A.2d 643 (D.C. 2005) (posting and mailing not sufficient where landlord is aware of tenant's absence from country and has means of reaching her, posting and mailing was not valid because the landlord had the tenant's international telephone number and did not attempt to contact her at that number). Similarly, where a landlord knows that a tenant may be incarcerated, the landlord has a duty to find out more before resorting to posting and mailing. Anderson, 179 A.3d at 300-02.

d. Photographic evidence of posting is required. D.C. Code ï¿½42-3505.01(a)(2) requires that the plaintiff provide photographic evidence of the posted service, including time and date of the service, when the notice to quit or a summons and complaint are served by posting on the leased premise. 21

e. Proof of Service Must be Made on L&T Form 3. The landlord must file the Form 3, the Declaration of Service, at least six days prior to the initial hearing to ensure that the case will be called on the initial return date. The Court will automatically dismiss cases without prejudice if the Plaintiff fails to file a Form 3 or a motion to extend the time for service at least six days before the initial hearing. Super. Ct. L&T R. 4. i. Declarations submitted on L&T Form 3 are entitled to a presumption of accuracy that can only be overcome by the presentation of clear and convincing evidence. Alexander Polinger Co., 496 A.2d 267, 271 (D.C. 1985); Firemen's Ins. Co. of Washington, D.C. v. Belts, 455 A.2d 908 (D.C. 1983). f. Whether or not a tenant received actual notice of the action is immaterial to the sufficiency of service. Bulin v. Stein, 668 A.2d 810 (D.C. 1995). Practice tip: Even in cases where service might be challenged, consider the realistic possibility of winning a motion to dismiss and whether winning such a motion is even in the best interests of the tenant. Any dismissal will be without prejudice, most likely simply resulting in the case being back in court in two months. Sometimes, this is of great benefit to a tenant, giving him or her time to catch up on rent or get a job, for example. There also are some cases that may not come back, particularly if they are about something other than money owed. However, sometimes it is better to resolve the matter on the first go, rather than have a tenant miss work to return to court later, for example. Also, consider whether a court will grant a motion to dismiss if the tenant says s/he got the complaint in the mail, but not by posting. Any hearing will be the process server's word against that of the tenant regarding the posting, and the tenant rarely wins such encounters unless you can establish a specific discrepancy, e.g. the proof of service describes the door as brown and on the right and it is blue and on the left. A loss at an early stage in the case can be damaging. That said, some process servers allege complete impossibilities, so investigate the facts closely. Note: The Court will mail defendants notice of the initial hearing in L&T cases. Landlords must still serve the complaint and summons on the defendant and comply with Super. Ct. L&T R. 4. D. The Initial Hearing.

1. Timing. The "initial hearing" is the first appearance of both parties in court. It is usually at least three weeks from the landlord's filing of the complaint. a. Application for Continuance. Any party may file an application requesting that the court continue the initial hearing, and the court must hold a hearing on the date the application is filed. The court may hold the hearing in the absence of the 22 other party, but if the other party is not present (in person or by phone), then the court may only continue the hearing for good cause and for a reasonable period of time. Super. Ct. L&T R. 7 b. At the initial hearing date, either party may ask the court for a continuance; the first such motion in each case is almost always granted. Tenants (and their counsel) who appear on the initial hearing date should ask the court to grant a continuance with "all rights reserved," which preserves their right to file a Jury Demand at the "Further Initial Hearing" (the continued date). Practice tip: The landlord's attorney may not agree to a continuance even though the judge will likely grant such a continuance if the tenant requests one. A party who has already had the initial hearing continued via an Application for Continuance may have difficulty with obtaining another continuance at the initial hearing. Pro se landlords will almost never grant a tenant's request for a two-week continuance. Most judges will grant the continuance without further question, but if the judge questions the reason for the request, explain that this will give you a chance to meet with your client further and to draft responsive pleadings. You also should be able to articulate your client's defenses to the judge.

2. Remote Initial Hearings. All initial and further initial hearings are currently hybrid. Parties may appear in person or virtually in courtroom B-109. Note that further initial hearings may be heard in courtroom B-52. Hearings are scheduled during a one-hour block. The number of hearings held during any particular block will vary, so it is important that you and your client log into the hearing at the beginning of the assigned time. There is not a set practice for the order in which cases are called during any particular block of time. Judges have been reluctant to pass cases during these hearings to allow the parties to discuss matters with each other but have done so occasionally. You may want to consider communicating with opposing counsel in your case in advance of the hearing to avoid any need to ask the court to pass a case once it is called. Practice tip: It is vitally important that your client show up on time for the hearing. An attorney may answer on behalf of a party at calendar call if they have been retained by that party, but it is best for the party to be there even if their attorney is also in the room. a. Magistrate Judges in B-109. All Landlord Tenant matters scheduled in courtroom B-109 are being heard by a magistrate judge. In order to proceed before the Magistrate Judge, consent to the Magistrate Judge is required pursuant to D.C. Sup. Ct. Civ. R. 73. Parties will be asked to orally consent to a magistrate judge at the beginning of a hearing. In making the decision whether to consent, parties may want to consider that magistrate judges lack contempt power, and that the process to appeal a magistrate judge's decision is different than a normal appeal. 23 If both parties do not consent to a hearing by a magistrate judge, the case will be certified to an associate judge, who may not be available for a remote hearing that same day. Practice tip: If you plan to request a jury trial, your case will be assigned to an associate judge sitting on the Civil Calendar after the initial hearing. Consult L&T Rule 13-I to determine whether a magistrate judge or the assigned associate judge will decide motions filed.

b. Remote Hearings in Courtroom B-53. Generally, B-53 is for hearings on evidentiary matters, such as Bell hearings, motions hearings, and ex parte proof hearings. Be sure to confirm if your hearing is remote or in person if you are in B53. Cases set for bench trial will typically be assigned to remote mediation before the date that the trial is scheduled. Other cases may also be assigned to mediation if the parties request it. The mediation takes place remotely through the Court's Multi Door Dispute Resolution Center. Cases set for jury trials are automatically scheduled for mediation. c. Remote Hearings in Courtroom B-53. Generally, B-52 is for further initial hearings and status hearings. Practice Tip Regarding Proffers: Most matters are handled expeditiously due to time constraints. A great deal of the court's business takes place by proffer. You must be absolutely certain that what you proffer is correct. Often in the heat of the moment, lawyers represent to the court what their clients have told them, without being able to check the accuracy of those assertions. Make sure that you don't inadvertently mislead the court. Remember to preface your proffers to the court with "my client tells me that . . ." or "the tenant states that . . ." during scheduling unless you reasonably know something to be true; this way you avoid misleading the court by repeating things your client says that might be inaccurate. Misrepresenting facts to the court violates the rules of professional conduct. Also remember not to turn proffers into your testimony.

3. Protective Orders. If a nonpayment of rent case is continued for trial or further initial hearing, it is almost always accompanied by the entry of a protective order, or at least the reservation of the landlord's right to a protective order, effective as of the date initially requested. The reservation of the right to request a protective order may be noted as nunc pro tunc. Please see Protective Orders for additional information regarding considerations and procedures regarding protective orders. E. Bench Trials.

1. Applicability of the Rules of Evidence. While the rules of evidence apply in full to these trials, in practice many judges may relax them (particularly for pro se 24 litigants).

2. Subpoenas. You may issue subpoenas to witnesses for these bench trials; the form used is different from the one used in jury trials. In either a bench or jury trial case, you also may issue a subpoena to a third party for the production of documents. The court need not approve subpoenas. If the court issues your subpoena, you must pay a fee of $40 plus the cost of public transportation to and from the courthouse. Litigants with in forma pauperis ("IFP") status are not responsible for paying these fees or copying costs or filing fees. Expert fees are not covered by IFP. If your client is IFP, you should submit a copy of the IFP order with the subpoena. Some agencies, may be willing to waive witness fees for low-income persons represented by a legal services organization. A copy of a subpoena for the production of documents must be served on the opposing party/counsel before it is served on the third party. SCR-Civ. 45 is incorporated in Landlord and Tenant Court and contains these requirements.

3. Discovery. There is no discovery of right for cases set for bench trials in Landlord and Tenant Court, but discovery may be granted by the court for "good cause shown" either by motion or by agreement of the parties. Super. Ct. L&T R. 10. If the other side will not agree, it is usually worth it to make an oral motion for discovery. If that is opposed or denied, ask the judge that the denial be without prejudice to filing a written motion. If you file a written motion for leave to conduct discovery, you must include your proposed discovery requests along with the motion for leave to conduct discovery so that the court can determine if the requests are reasonable. See discussion of jury trials below. Even if the motion is granted, the Court will rarely grant more than 10 Interrogatories and 10 Requests for Production of Documents, and even rarer that the Court will grant depositions unless there are strong arguments for need of them. In bench trials, many practitioners will try to limit their discovery even more to 5 to 7 Interrogatories and a similar number of Requests for Production.

4. Continuing Trial Date. No trial date may be continued except by court order. Super. Ct. L&T R. 8. Practice tip: Discovery in a bench trial case must be ordered by the court, discovery cannot happen without leave of court. SCR-LT Rule 10. F. E-Filing 1. Mandatory. Effective October 14, 2018 E-filing in the Landlord Tenant Branch is mandatory pursuant to Administrative Order 18-08. You need to be registered with the Court's e-filing system "eFileDC" to e-file and e-serve documents and to 25 receive documents e-served by the judge or opposing counsel. If you are not registered with eFileDC, you can begin the registration process at https://efiledc.tylertech/cloud. Registration is free. If your firm is already registered for eFileDC and you do not know your firm information, you should contact your firm administrator or pro bono counsel for assistance. If your client has in forma pauperis (IFP) status, you should file and Application to Proceed Without Prepayment of Costs (the IFP form) with your first filing. The clerk will then apply the fee waiver to all future filings in the case. 2. Permissive. The Landlord Tenant Branch follows Administrative Order 07-14 which makes e-filing in the Civil Division not mandatory for legal services organizations listed in the order. These organizations may, but are not required to, e-file when providing direct civil legal services. However, attorneys with legal services organizations should still register with the Court's e-filing vendor, so that they may be eServed by opposing counsel and the court and shall still e-mail proposed orders to the judges' eservice mailbox. All attorneys have been required to use e-filing during the public health emergency. G. Pleading by the Tenant: Answers and Counterclaims. 1. Overview. Filing answers or pleading defenses in writing is generally not required, SCR-LT Rule 5, with several important exceptions: a. A jury demand made pursuant to SCR-LT 6 requires the filing of a verified answer. The "verification" may be made before a notary public or court clerk, but need not be, if it is made in the form set forth in D.C. R. Civ. P. 9-I. b. A tenant asserting a Plea of Title must file a verified pleading. Super. Ct. L&T R. 5(c). c. Counterclaims and defenses of recoupment or setoff that go beyond the time period listed in the complaint must be made in writing at least 14 days before any bench trial unless the deadline has been extended by the court for good cause. If the case is one in which a jury demand has been made, the counterclaims and defenses must be included in the answer. Super. Ct. L&T R. 5(b)(2). d. D.C. R. Civ. P. 55(c) requires that motions to vacate default judgments based on defenses other than improper service be accompanied by a verified answer. D.C. R. Civ. P. 55(c) is incorporated by Super. Ct. L&T R.

2. e. An answer lodged with a motion to intervene must be verified. D.C. R. Civ. P. 24. 26 2. Filing the Answer. Even though filing an answer is not required in the absence of a jury demand or counterclaim, it is the better practice, particularly where you are asserting an affirmative defense. Generally, the answer need only allege that degree of specificity necessary to put the landlord on notice of the defenses alleged. Some pleadings may require more detail. See SCR-Civ. Rule 9.

3. Timing. You should file your answer via eFileDC before the initial hearing, especially if your client decides to request a jury trial. There is no deadline for filing an answer, unless it contains a jury demand.

4. Court Fees. There is no fee for a written answer, but there is a fee for a jury demand, counterclaim or motions, unless the tenant has obtained approval to proceed IFP. The court recently updated the fee waiver form. There is now a wide variety of automatic qualifiers, such as TANF, SSI (social security benefits), representation by a free legal service provider, or even living in a Project-Based Section 8 property. You can submit the fee waiver via eFileDC on its own or with your first filing. The clerk will approve the IFP application for those litigants who qualify under one of the statutory presumptions, while all others must wait potentially a few days for the IFP to be approved. 5. Jury Demand. Either party has the right to demand a jury trial under SCR-LT 6. Pernell v. Southall Realty, 416 U.S. 363 (1974). The demand must be made in writing and, if made by the defendant, it must be accompanied by a verified answer listing defenses. A party usually is limited to six jurors in a civil action. a. When to make a jury demand. A jury demand or reservation of rights to make a jury demand must be made at or before the initial hearing (or further initial hearing) unless an extension is allowed "for good cause shown." At the initial hearing, pro se tenants will often request a continuance with all rights reserved. This preserves, among other things, the parties' right to request a jury trial. Super. Ct. L&T R. 6, however, recognizes that judges have discretion to permit a jury demand to be made at a later date, "for good cause shown." This occurs most frequently when a tenant appears pro se on the initial hearing date, gets a continuance and then obtains an attorney who informs the tenant of the right to a jury trial. Judges are aware that lay persons do not instinctively know that they have a right to a jury trial and thus may not know that a reservation of the right is required and, as a result, there was no knowing waiver of a constitutional right. See Kass v. Baskin, 164 F.2d 513 (D.C. 1947); Johnson v. Zerbst, 304 U.S. 458 (1938) (both predating Pernell v. Southall Realty). More recently, the Court of Appeals reversed the trial court and remanded a landlord and tenant case for a jury trial where the tenants, represented by student counsel, at the time of the hearing, requested a jury trial and had tried to file and verify their Answer and 27 Jury Demand with the clerk whose computers were inoperable. King v. Berindoague, 928 A.2d 693 (D.C. 2007). In Williamson v. St. Martin's Apts. L.P., 234 A.3d 187 (D.C. 2020) the D.C. Court of Appeals held that a tenant who appeared pro se at an initial hearing and did not reserve her rights could still assert a right to a jury trial when she returned at the next hearing with counsel.

Full Legal News Archives