Landlord and Tenant Branch - FAQs
Who can sue in Landlord and
Tenant Court?
Only landlords or others who want to evict a tenant
or another occupant from their property can sue in Landlord
and Tenant Court. A person or company seeking to evict a tenant
or other occupant can file a Complaint for Possession in the
Landlord and Tenant Clerk's Office. If a landlord only
wants to sue for rent or other damages (but not possession
of the property), the landlord must bring suit in Small Claims
or the Civil Actions Branch. Tenants who wish to sue their
landlords must bring suit in Small Claims or the Civil Actions
Branch. Tenants with certain kinds of claims against their
landlords can also file petitions and request a hearing in
the Rental Accommodations and Conversion Division of the Department
of Consumer and Regulatory Affairs (202-442-4610).
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When can I sue in Landlord
and Tenant Court?
A landlord or other person can sue in Landlord and
Tenant whenever a person or company is in possession of property
but does not have a legal right to be there. Tenants may lose
their right to possession by failing to pay rent, violating
the lease, violating the housing code, running a "drug-haven,"
or for certain other reasons recognized by the law. Cases
can also be filed to evict trespassers, squatters, and others
who do not have a legal right to possess the property.
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Do I need to bring anything
to file the suit?
You should bring a copy of the Notice to Correct
and/or Vacate in English and Spanish, for cases brought against
tenants for any reason, except non-payment of rent cases and
drug haven cases. (A landlord may be required to give a tenant
a notice to quit prior to filing a non-payment of rent case,
but you are not required to bring it to court to file the
lawsuit. If you are not sure whether you are required to serve
a notice to quit, you should seek legal advice or information
from a private attorney or the Landlord and Tenant Resource
Center.) The Landlord and Tenant Clerk's Office supplies the
complaint form, which is filled out once you arrive at the
courthouse.
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How soon is a landlord and
tenant case heard after it is filed?
You will be given your court date, usually about
3-4 weeks out, when you file your complaint. The landlord
is responsible for making sure that the tenant receives notice
of the lawsuit. The landlord must use a process server to
serve the tenant with a copy of the complaint. The tenant
must be served at least 7 days, not counting Sundays and legal
holidays, before the court date.
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What happens on the court
date?
Court begins at 9:00 a.m., when the judge makes important
announcements about what will happen in court and the parties'
rights. After these announcements, the courtroom clerk calls
roll and parties must answer that they are "present"
and state their names. Failure of a tenant to appear may result
in a default. Failure of landlord to appear may result in
a dismissal. When both parties appear, they may attempt to
resolve their differences by entering into a written agreement.
These agreements may include payment schedules for past due
rent, a schedule for the landlord to make repairs, or other
terms that the parties believe are in their best interest.
If parties are not able to resolve their differences, the
case will be called before the judge.
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If I am a tenant, how can
I get the landlord to make repairs to my home?
If a landlord fails to make repairs after a tenant
notifies the landlord about the need for repairs, the tenant
has several options. A tenant may call a housing inspector
at the D.C. Rental Accommodations Office at 202-442-4610 who
will report the violations to the landlord and the Department
of Consumer and Regulatory Affairs. Tenants may have other
legal options, such as filing a lawsuit in another branch
of the court (such as the Civil Actions Branch or Small Claims)
requesting a court order for repairs to be made or seeking
damages against the landlord for not making repairs. If the
landlord has sued the tenant for unpaid rent, the tenant may
raise these repairs as a defense to the lawsuit by telling
the judge about these problems. The tenant could also include
repairs in an agreement that settles a Landlord and Tenant
lawsuit. Depending on your circumstances, you may have other
options that are not listed here. If you are not sure what
the best option is, you should seek legal advice from a private
lawyer, Law Students in Court, or another organization in
order to protect your legal rights.
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May I pay my rent into the
court registry until the repairs are made?
If your landlord has sued you in Landlord and Tenant
Court, you can ask the court to allow you to pay your rent
into the registry of the court until the case is over or as
part of an agreement settling the case. The Court's
Registry is a court-monitored bank account set aside for tenants
to make rental payments (called protective order payments).
If you do not have a case in Landlord and Tenant Court, you
cannot pay your rent into the court registry.
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What will happen if the landlord
does not agree on the dates when I can pay the rent, when
repairs will be made, or other items?
If you cannot reach an agreement with your landlord,
you can ask a court-trained mediator to help you work out
an agreement. You also have the right to take your case in
front of the judge. The judge cannot force the landlord to
accept payment dates or other terms that the landlord does
not agree to. But, if you have defenses to the landlord's
claims, you can ask the court for a trial. However, if you
do not have any defenses, the judge may enter a judgment against
you. If you are not sure whether you have defenses, you should
talk to an attorney in the Landlord and Tenant Resource Center,
Law Students in Court, or another attorney to make sure that
you are making the best decision for your case. If you need
more time to talk to a lawyer, you can ask the judge for a
continuance.
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What should I do if I cannot
meet a payment plan that I agreed to?
You can contact the landlord and ask for an extension
of time. If you are not able to work something out with the
landlord, you can ask the court to give you more time. However,
in most cases a judge will not change the dates that payments
are due in a written payment plan, even if you have a very
good reason for why you cannot pay on time.
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What may the landlord
do if the tenant fails to make his or her rental payments
according to a consent judgment agreement approved by the
judge or interview and judgment officer?
If the tenant fails to make a payment according to
a consent judgment agreement, the landlord may obtain an application
to terminate the stay of execution from the Landlord and Tenant
Clerk's Office. If a stay is terminated, it subjects the tenant
to eviction procedures.
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What may the landlord
do if the tenant fails to make his or her rental payments
according to a settlement agreement?
If the tenant fails to make a payment according to
a payment schedule in a settlement agreement, the landlord
can file a motion in the Landlord and Tenant's Clerk's
office asking that the court enter a judgment so that the
landlord can evict the tenant. The cost for the motion is
$10.
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What is a judgment for
possession?
A judgment for possession entitles the landlord to
evict the tenant.
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I have a judgment or a default
against my tenant. How do I to evict the tenant?
You must use court process to evict the tenant. To do this, you must wait at least forty-eight hours after entry of a judgment or a default before you return to the Landlord and Tenant Clerk's Office to file a writ of restitution, which orders the eviction of the tenant. If you have a "default," you must turn the "default" into a "judgment" by filing a Soldiers and Sailors affidavit with the court certifying that the tenant is not on active duty with the military or other government service. You can file the affidavit at the same time that you file the writ. The filing fee for the writ is $100 (clerk's fee is $10, U.S. Marshals Service fee is $90). If you received a judgment (rather than a default), you are not required to file the Soldiers and Sailors affidavit.
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The first time I heard
anything about a lawsuit against me was when I received a
writ of restitution (eviction notice) in the mail. What can
I do?
If you do not believe that you should be evicted,
you can come to court immediately and file an Application
to Stay Execution of the Writ of Restitution in the Landlord
and Tenant Clerk's Office. You may also want to file
a motion to ask the court to vacate the judgment so that you
can present defenses you have to the case. The cost for the
motion is $10.
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Is there anything I can
do to stop my landlord from evicting me after a judgment is
entered?
You can ask the court to stop the eviction by filing
an Application to Stay Execution of the Writ of Restitution
in the Landlord and Tenant Clerk's Office. If the reason
the landlord sued you is because you owe rent, you can avoid
eviction by paying the landlord all of the rent and court
costs that you owe as of the day the you make the payment.
(This includes the rent that has come due since the time the
landlord filed the lawsuit.) If you bring your account current
with the landlord, the landlord cannot evict you unless he
or she brings a new lawsuit.
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How may I get monies released
from the court registry?
You must file a motion in the Landlord and Tenant
Clerk's Office at 510 4th Street, N.W., Bldg. B, Room 110, Washington,
D.C. 20001. The clerk's office has a standard motion form.
The cost is $10.
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What is a money judgment?
If the landlord sues the tenant for possession because
the tenant owes rent, the landlord can also request that the
tenant be required to pay the back rent and any other monies
due, such as late fees. If the landlord makes this kind of
request, he or she is asking for a money judgment.
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How may I get a money judgment?
First, the tenant must be served personally with
a copy of the summons. If you get a default at roll call,
ask the clerk to send the case before the judge. Ask the judge
to grant you a money judgment. If your cases goes to trial
and you win, you can ask the judge to enter a money judgment
at the trial.
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How much time do I have
to execute or follow through on the money judgment?
If the judgment is unrecorded (that is, not recorded
with the D.C. Recorder of Deeds) you have three years, and
if the judgment is recorded, you have twelve years. Ask the
clerk in the D.C. Recorder of Deeds Office about recording
the money judgment. The number for the D.C. Recorder of Deeds
(located within the D.C. Office of Tax and Revenue) is 202-727-5374
or 727-4829. The Recorder's Office is located at 515
D Street, N.W., Washington, D.C. 20001.
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How may I collect on the
money judgment?
Through various attachments and writs. See the Landlord
and Tenant Clerk for additional information, forms, and costs.
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What may be done if the
landlord fails to complete repairs on time?
If your landlord agreed to make repairs as part of
a consent judgment agreement or settlement agreement, you
can contact the landlord to find out what is causing the delay
and attempt to work out additional terms. If you cannot work
the problem out yourself, you can go to the Clerk's Office
at least one day after the repairs were scheduled to be completed.
The clerk will give you a form to complete instructing the
landlord to return to court because of the lack of repairs.
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May I sue the landlord for
damage to property?
If you are already involved in a non-payment of rent
case in Landlord and Tenant, you can file a counterclaim,
recoupment, or setoff to collect money from your landlord
for part or all of the rent that you paid in the past when
the apartment or house was in need of repair. You can also
collect money to reimburse you for the costs of repairs that
you have personally made to the apartment or house. Other
suits for damages for personal injuries or damage to a tenant's
personal property must be filed in the Small
Claims and Conciliation Branch, 510 4th Street, N.W., Building
B, Room 120 if the amount is $5,000 or less. Suits for damages
more than $5,000 must be filed in the Civil
Actions Branch, Room 5000 in the Moultrie Courthouse.
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How may I evict a tenant
who is suspected of selling drugs?
You must use normal landlord and tenant eviction
procedures. This type of case is heard within two weeks after
filing of the complaint instead of three weeks. Let the clerk
know that it is a "drug haven" case.
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Why must I pay an additional $18.00 for a second writ of restitution to evict a tenant?
After a writ of restitution has been filed in the Landlord and Tenant clerk's office and the U.S. Marshal has not evicted the tenant within the applicable 75 days, only an additional $18.00 is required for a second writ of restitution, $8.00 for the U.S. Marshal fee and $10 for the clerk's. Any questions regarding eviction procedures must be directed to the U.S. marshal. The U.S. marshal's office is located on the C level in the main building of the H. Carl Moultrie Courthouse. Only a landlord and tenant judge may set aside the $10 clerk's fee.
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How may I make a late protective
order payment (payment made to the court registry) to the
court?
Contact the landlord for consent to make a late payment.
If the landlord will not agree, file a motion in the Landlord
and Tenant Clerk's Office to make a late protective order
payment. The cost is $10.
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What can I do if my tenant
misses a protective order payment?
You can file a motion with the court asking the court
to enter a judgment for possession against the tenant. The
cost for the motion is $10.
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I cannot afford to pay the
court costs and filing fees. Is there a way to waive the fees?
You can file an Application to Proceed without Prepayment
of Costs in the Landlord and Tenant Clerk's Office.
You will be required to provide information about your income
and expenses, and a judge will review the application to see
if you qualify.
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