Before I become a landlord, do I need to have a license?Am I required to register my property with the District?
Yes, in the District of Columbia, if you are renting out residential property, even if it is only a single room in your home, you are required to do the following before you begin renting out your property:
·Obtain a certificate of occupancy unless the property you are renting out is an apartment, cooperative unit, or condominium that is located in a building that already has a certificate of occupancy for the whole building or the rental property is an entire single-family home
·Obtain a housing business license
· File a registration or claim of exemption from the Rent Stabilization Program (rent control)
If you are already renting property and have not met these requirements, you are breaking the law. You may want to talk to a lawyer before you attempt to register your property to see if you can avoid incurring penalties when you register. There is more information below on how to complete these steps. For a summary of the licensing and registration requirements, click here.
How do I know if the property is under rent control?
The Rent Stabilization Program (rent control) applies to all residential rental units unless you have an exemption from the program.You are entitled to claim an exemption from rent control for a rental unit if:
·If you personally own (not through a business), either alone or with four or fewer other people (not businesses), four or fewer rental units andyou have filed a claim of exemption; or
·You are receiving a local or federal rent subsidy or mortgage subsidy for the unit; or
·The rental unit has a building permit that was issued after December 31, 1975, or has an initial certificate of occupancy issued after January 1, 1980, as long as the construction of this new building did not require demolition of a rent-controlled building with the same or greater number of units
·The entire building in which the unit is located was continuously vacant since January 1, 1985, provided that, upon re-rental, the building is in compliance with the D.C. Housing Regulations.
Even if you are entitled to an exemption as a “small landlord” who owns four or few rental units, you must file paperwork to get an exemption number in order to be able to raise the rent and conduct business as a landlord. Landlords who qualify for the other exemptions also may file paperwork to get an exemption number.
Some types of units are excluded from rent control entirely.These include: hospitals, nursing homes, dormitories, rental units operated by foreign governments, and certain units operated by non-profit organizations that provide social services to residents.
Where do I file a registration statement or claim of exemption from the Rent Stabilization Program (rent control)?
You should contact the Rental Accommodation Division of the Department of Housing and Community Development.The phone number is (202) 442-9505 and the office is located at 1800 Martin Luther King, Jr. Avenue, SE, Washington, D.C. 20020.
How do I get a Certificate of Occupancy?
Contact the Building and Land Administration of the Department of Consumer and Regulatory Affairs.The phone number is (202) 442-4400.You will need to submit an application, a pre-occupancy data sheet, and a $33.00 application fee.An additional fee of at least $42.00 is required when you pick up the Certificate of Occupancy.In most cases, an inspection of the property is required prior to the issuance of the Certificate of Occupancy.There is additional information on the Department of Consumer and Regulatory Affairs website.
How do I get a housing business license?
The licensing process depends on the type of property you are renting:
·One family rental units: single-family homes, town homes, duplexes, individual condominium units, or individual rooms
·Two family rental units: a building that contains two separate units, such as a house with an English basement apartment
·Apartment house: a dwelling that contains three or more units
The Department of Consumer and Regulatory Affairs is responsible for granting business licenses.Click here to access the application materials online. From the list of business types, select "One Family Rental," "Two Family Rental," or "Apartment House."
Who is responsible for making repairs to the unit?
The landlord is responsible for repairs, including those caused by normal wear and tear, except if the tenant or the tenant's guests caused the problems.If there are substantial housing code violations in the rental unit, the tenant may not be required to pay the rent or to pay the full rent, and you may be subject to civil and criminal liability for violating the housing code.
The tenant is responsible for keeping the unit clean and for using the fixtures and appliances properly.The tenant is also prohibited from destroying or damaging the unit, appliances, fixtures, and equipment intentionally or by serious neglect.
These are some of the potential consequences of failing to correct housing code violations:
The tenant can request a housing inspector visit the property and make a report of all the housing code violations. To schedule an appointment, cll (202) 442-4400. The inspector will send a copy of the inspection report to you and instruct you to make repairs within a certain amount of time. If repairs are not made on time, you may be fined.
The tenant can file a case on the Housing Conditions Calendar, in the Civil Actions Branch of the Superior Court, requesting that the Court order you to make repairs. A tenant cannot get a refund of rent in this court, but a tenant can file a separate case in Small Claims Court for up to $5000. Click here for more information.
The tenant can file a regular case in the Civil Actions Branch requesting that you make repairs and requesting a refund in rent because the tenant paid too much for the rental during periods when housing code violations existed. (If the lawsuit only seeks money, and not an order to make repairs, the tenant must request more than $5000 or the case must be filed in Small Claims Court.)
If the housing code violations are severe (for example, no heat in winter), the tenant can immediately file in the Civil Actions Branch of Superior Court a Temporary Restraining Order to get the heat restored, as part of a case on the Housing Conditions Calendar or a regular civil action.
If the housing code violations are less severe, the tenant can file a Tenant Petition with the Rental Accomodations Division (RAD). This agency allows tenants to bring actions against their landlords. The rules and procedures are very informal and landlords and tenants usually do not need lawyers to proceed.
The tenant can stop paying the rent. Because only landlords can bring an action in Landlord Tenant Court, the only way for tenants to get in front of a judge in this Court is to withhold their rent and wait to be sued by their landlords. Once you are in Landlord Tenant Court, the tenant can ask the judge to order you to make the repairs. The tenant may be able to get a reduction in the rent he or she owes.
The tenant can bring an action in Small Claims Court. If a tenant thinks that you should reimburse him or her for money the tenant spent fixing problems in the rental unit or that you owe the tenant money since the tenant paid too much for the rental during periods when housing code violations existed, the tenant can bring an action in Small Claims Court up to $5000.
How do I request a housing inspection?
If you want to request that a housing inspector visit the property, either to have proof that the repairs have been made or are not needed or because the tenant is violating the housing code, you can request a housing inspection.To schedule an appointment, call (202) 442-4400.It is best that you are present during the inspection to point out to the inspector all the violations or repairs.
Raising the Rent
Can I raise the rent?
You cannot raise the rent if you and the tenant have agreed, usually in a written lease, on a certain amount.Usually, you and the tenant will agree on a certain amount for a specific period of time.Once that time period ends, you can raise your rent with 30 (thirty) days written notice.If you and the tenant never agreed on a specific period of time, you can usually raise the rent with 30 (thirty) days written notice.
If you are allowed to raise the rent, then how much and how often you can raise the rent depends on whether the unit is subject to rent control.If the unit is exempt from rent control, then you can raise the rent by any amount at any time, as long as you are not raising the rent for an illegal reason, such as to retaliate against the tenant for taking some lawful action like reporting housing code violations or requesting repairs.You must give the tenant at least 30 days written notice before the date on which you want the rent increase to take effect.
If the unit is subject to rent control, then you can raise the rent if:
·The last increase in rent was at least 12 months ago (unless the unit is vacant)
·The unit is properly registered with the RAD
·The rental unit and the housing accommodation's common elements are in substantial compliance with housing regulations
·You give a 30-day written notice of any increase in rent
In general, you can only raise the rent in a rent-controlled unit by a certain percentage each year.That percentage cannot be more than 10% and the exact amount that you can raise the rent each year is determined by the Department of Consumer and Regulatory Affairs and is based on the Consumer Price Index.You should contact the Department of Consumer and Regulatory Affairs at (202) 442-4610 to find out how much you can raise the rent.
If your rental property is not returning at least a 12% rate of return, you can ask the Rent Administrator to allow you to raise the rent by more than the amount approved by the Department of Consumer and Regulatory Affairs, instead of making the regular annual rent increase.To do this, you must file a "Hardship Petition," showing the equity you have in the property, the operating expenses, how much rent you are collecting, and other financial information.You should contact the Department of Housing and Community Development at (202) 442-9505 to find out how to file a Hardship Petition.
Finally, if you are making certain types of capital improvements to the building, you can apply for permission to raise the rent to help pay for the improvements.You will need permission from the Rent Administrator to raise the rent for this reason.Contact the Department of Consumer and Regulatory Affairs at (202) 442-4400.
Security Deposits
What amount can I charge for a security deposit?
You may not charge more than the amount of one month's rent, and it may be charged only once.
Am I required to hold the money in a special account?
You must hold the deposit in an interest bearing account in a financial institution in the District of Columbia.The account must be for the sole purpose of holding security deposits. You can use the same account for more than one building.If the tenant rents the unit for at least twelve months, you are required to pay the tenant the interest accruing on the security deposit, subject to any lawful deductions.The interest rate is adjusted every six months (on January 1st and July 1st) to the statement savings rate at the bank where the account is held.
After the tenant vacates a rental unit, how much time do I have to return the deposit?
You have 45 days to either return the deposit with interest due, or notify the tenant in writing of your intention to withhold the deposit and apply it toward the cost of expenses properly incurred.Interest must be paid only on termination of tenancies of one year or more.
What I use the deposit for?
In general, a landlord can use a security deposit to make sure the tenant has met his or her obligations under the lease. The landlord is required to state in writing what a deposit can be used for, either in a written lease or in a written receipt for the security deposit. You can, for example, state that a deposit can be used to pay for damage to the rental unit or if the tenant moves out while owing you money for rent.
You are responsible for paying for repairs to your rental unit, as long as the problems weren’t caused by the tenant or the tenant’s guests. If the tenant or the tenant’s guests damaged the rental unit, even accidentally or by neglect, then the tenant is responsible for paying for the repairs. You are responsible for paying for normal maintenance and repairing damage that was not caused by the tenant or the tenant’s guests.
What happens if I decide to keep some or all of the security deposit?
If you withhold the security deposit to defray the cost of expenses properly incurred, notice must be provided to the tenant in writing, delivered personally or by certified mail. Within 30 days after giving this notice, you must provide the tenant with an itemized statement of the repairs and other uses to which the monies were applied, with the cost of each item.
What action can the tenant take against me if I withhold a security deposit?
The tenant may file a lawsuit, usually in Small Claims Court, to try and compel you to return the proper amount.If you lose the case, a money judgment may be entered against you in the amount of the security deposit plus any damages.
Can I be penalized for not returning the deposit and/or for failure to provide notice?
If you do not return the deposit or provide the proper notices, and the tenant sues you for the unreturned portion of the deposit, you must prove that the tenant is not entitled to full return of the deposit and interest.
What action can I take to recover for damage to an apartment greater than the amount of the security deposit?
You may file a lawsuit, usually in Small Claims Court, to try and obtain a judgment for the amount of damages that are greater than the amount of the security deposit.
Evictions Generally
How do I evict my tenant?
Self-help eviction is illegal in D.C.In D.C., you must file a lawsuit against your tenant and receive a "judgment for possession" to evict the tenant.After you have a judgment for possession, you must coordinate the eviction through the U.S. Marshals Service.It is illegal to remove the tenant's property, change the locks, turn off the heat, water, or other services or do anything else to force the tenant out except scheduling an eviction through the U.S. Marshals Service.
If you evict a tenant without a judgment for possession or without using the U.S. Marshals Service, you may be responsible for paying the tenant for property damage plus money damages for breaking the law.The Court may also order you to let the tenant return to the property until you have followed the Court process to remove the tenant legally.
I do not like my tenant. Do I need a legal reason to evict him or her?
Yes.In D.C., you cannot evict your tenant just because you do not like him or her.You must have at least one legal reason in order to lawfully evict a tenant.The most common legal reasons include not paying the rent and violating another part of the lease (for example, keeping a dog when the lease forbids it).
What are the legal reasons I can use to evict a tenant?
To legally evict a tenant you must be able to prove to the Court that at least one (1) of the following reasons is true:
·The tenant didn't pay the rent;
·The tenant or an occupant violated some other part of the lease (for example, keeping a dog when the lease forbids it or having people living in the unit when they are not allowed to be there) or the housing code (for example, by damaging the property or not keeping it clean);
·The tenant or an occupant violated the law within the property;
·The tenant or an occupant is maintaining a drug-haven within the property;
·You want to take back the property for your immediate and personal use;
·You intend to renovate the property and cannot safely do so with the tenant living there;
·You intend to demolish the property;
·The property has to be substantially rehabilitated or renovated; or
·The property is no longer going to be used as rental housing.
Can I evict the tenant when the lease period ends?
No.In D.C., once the lease period ends, the lease automatically goes month-to-month.All the other parts of the lease remain the same (including the rent amount, unless you give the tenant written notice).
For example, if you signed a one (1) year lease on January 1, 2010 and the lease period ends on December 31, 2010, the lease term will go month-to-month beginning January 1, 2011 - EVEN IF you don't agree to renew the lease with the tenant.In other words, you cannot evict the tenant when the lease period ends unless you have another legal reason.
I did not sign a written lease with my tenant or my lease is "month-to-month." Can I evict the tenant?
Not unless there is some other legal reason to evict the tenant.You can only evict the tenant if you have a legal reason to do so, even if there is no written lease or the tenant is on a month-to-month lease.
I want to file a lawsuit to evict my tenant.Is a 30-day notice required before I can file the lawsuit?
In D.C., the first legal notice that a landlord is required to give a tenant before filing an eviction lawsuit is called either a "Notice to Quit," "Notice to Quit or Vacate,""Notice to Cure or Vacate" or "Notice to Correct or Vacate."This notice is required before you can legally evict a tenant for any reason other than nonpayment of rent or because the tenant is maintaining a drug haven.In most cases, a 30-day notice is required, but in some types of cases, a landlord is required to give the tenant as much as 90, 120, or 180-days notice and a chance to move out of the property before an eviction lawsuit can be filed.
If you are seeking to evict a tenant because the tenant is maintaining a drug-haven, you do not need to give the tenant this notice.
If you are seeking to evict a tenant because the tenant did not pay the rent, you may not need to send this notice.Read the lease to see whether the tenant has agreed to give up the right to receive this notice before being sued for eviction.The lease may have some language like, "This lease will act as Tenant's notice to quit or vacate thereby waiving any requirement that Landlord serve Tenant with further notice before eviction."
·If the lease has this language, you are not required to give the tenant a notice to quit if the eviction is based on nonpayment of rent. The tenant can only agree to give up the right to receive this notice in a nonpayment of rent case.
·If the lease does not have similar language, then the tenant has not agreed to give up the right to receive this notice and you must send the tenant a notice to quit.
·If you are not sure whether your tenant has given up the right to receive a notice to quit for nonpayment of rent, you should speak to a lawyer.
Remember, even though this notice tells the tenant that they must vacate the property, you cannot force the tenant to leave until you have received a judgment for possession from the Court.
Are there certain requirements for a "Notice to Quit," "Notice to Quit or Vacate," or "Notice to Cure or Vacate" for lease violation(s)?
Yes.The requirements for these notices are very strict.You must send the tenant a proper notice to be able to go forward with an eviction proceeding.Otherwise, the case could be dismissed in Court.The requirements include:
·Giving the tenant very specific information about how s/he violated the lease or the housing code;
·Giving the tenant very specific information about how to fix the violation(s);
·Giving the tenant at least 30 days to fix the violation(s); and
·That the notice be written in both English and Spanish.
Blank notices and help filling them out are available at the:
LandlordTenantResourceCenter
D.C. Superior Court Building B
510 4th Street, N.W., Room #115
9:15 AM - 12:00 Noon
Do I have to serve the "Notice to Quit," "Notice to Quit or Vacate," or "Notice to Cure or Vacate" on the tenant in a certain way?
Yes.You can give or send the notice to the tenant yourself or you can have someone else who is over the age of 18 do this for you.You can do this by:
·Personal service - Handing a copy of the notice directly to the tenant;
·Substituted service - Handing a copy of the notice to a person of proper age who is at the property; or
·Certified mail - Sending a copy to the tenant by certified mail but the tenant must personally sign for the letter; or
·Posting and mailing - After two (2) attempts to personally serve the tenant, you can tape, nail or attach a copy of the notice to the tenant's door.Another copy must be mailed to the tenant within three (3) calendar days of the posting to the tenant's door.
Except in nonpayment of rent cases, you must also send a copy of the notice to the Rent Administrator within 5 calendar days after serving the tenant at the Housing Regulation Administration, 1800 Martin Luther King, Jr. Avenue, SE, Washington, D.C. 20020.The phone number is (202) 442-4610.If your tenant is receiving rent assistance from the Section 8 Housing Choice Voucher program, you must send a copy of the notice to the D.C. Housing Authority, 1133 North Capitol Street, NE Washington, DC20002.
I gave my tenant a "Notice to Quit," "Notice to Quit or Vacate," or "Notice to Cure or Vacate," but s/he did not move out.What can I do now?
After you give the tenant a notice to "Notice to Quit," "Notice to Quit or Vacate" or "Notice to Cure or Vacate," you must wait until the time in the notice runs out.
If your notice was about nonpayment of rent and the tenant did not bring the rental account completely current (either during the time in the notice or even at some time after that), then you can file a Complaint for Possession of Real Estate in the Landlord and Tenant Branch of D.C. Superior Court to request a judgment for possession.
If your notice was about a violation of a written lease or the housing code, and the tenant did not fix the problem within the time in the notice, even if s/he fixed it after the time in the notice, then you can file a Complaint for Possession of Real Estate in the Landlord and Tenant Branch of D.C. Superior Court to request a judgment for possession.
Are there certain requirements for a "Complaint?"
Yes.You must use a standard Court form that must be properly completed for the case to go forward.You must:
Use the right form for the type of case you are bringing. There are three forms for residential landlords.
Form 1A is for landlords who are evicting the tenant because the tenant is behind in rent.
Form 1B is for landlords who are evicting a tenant after serving a notice to correct/vacate tenants who are maintaing a drug haven, and certain other reasons.
Form 1C is for landlords who are evicting the tenant because the tenant is behind in rent and for some other reason.
List the tenant's name and address correctly (including apartment or room number, in any) and the quadrant (NE, NW, SE, or SW);
Specifically state the reason(s) why you are suing the tenant for eviction; and
Sue for possession, not just money.
Have your signature notarized.
Attach any documents that are required by the form, such as a copy of the Notice to Correct or Vacate an affidavit of service for the Notice.
The filing fee for the complaint is $15.00.
You must file the complaint in the Landlord and Tenant Branch Clerk's Office, which is located in Room 110 in D.C. Superior Court Building B, 510 4th Street, NW, Washington, D.C.20001.
The forms and instructions for completing each form are available here.
When will I go to Court?
When you go to Court to file the complaint, the Clerk will assign an initial hearing date that is at least three weeks from the day you file the complaint.If you are filing a drug-haven case, an earlier date might be assigned.
Do I have to serve the tenant with the "Complaint" in a certain way?
Yes.You cannot give or send you a copy of the Complaint directly.Another person (the "process server") who is at least 18 years old must serve the tenant.You can serve the tenant by:
·Personal service - Directly handing a copy of the complaint to the tenant;
·Substituted service - Directly handing a copy of the complaint to a person over the age of 16 who lives in the home; or
·Posting and mailing - After two (2) attempts to personally serve the tenant, the process server can tape, nail, or attach a copy of the Complaint to the tenant's door.Another copy must be mailed to the tenant within three (3) calendar days of posting it on the door.
The Court's instructions for serving the complaint are located here.
If your tenant is receiving rent assistance from the Section 8 Housing Choice Voucher program, you must send a copy of the complaint to the D.C. Housing Authority, 1133 North Capitol Street, NE Washington, DC20002.
After your process server has served the complaint, you or your process server must file an Affidavit of Service with the Clerk explaining exactly how the process server gave the complaint to the tenant.The affidavit must be filed at least five business days before the initial hearing in the case.
Going to Court on an Eviction Case
I filed a Complaint to have the tenant evicted.What happens when I go to Court?
Make sure you arrive and are seated in the Courtroom by 9:00 AM.The judge will explain how the process works and what help may be available.If you do not speak English or are deaf or hard of hearing, make sure you tell the Courtroom Clerk before the announcement begins.
Then, the Clerk will read the names of all parties who are scheduled to appear.You must answer "here" or "present" and state your name when your name is called.Make sure you can hear the Clerk clearly.If you cannot hear, raise your hand and let the Clerk know.If you miss your name and fail to answer, your case may be dismissed.If the defendant does not answer when the case is called, you can ask the Clerk to enter a "default" against the tenant.
If you do not hear your name during the roll call or you are late arriving to Court and aren't sure if your name was called, you should speak to the Clerk in the courtroom after the roll call is over and make sure that the Clerk knows that you are present.
Once the Clerk completes roll call, you can decide to do one or more of the following:
oSettle the case with the tenant or the tenant's lawyer.
oAsk the judge to grant a judgment in your case.If you have a legal reason for seeking the tenant's eviction and the tenant does not have a defense to your claim, the judge can enter judgment for possession and, if you are entitled to one, a judgment for the rent owed to you, immediately at the initial hearing.If the tenant has a defense, the case probably will be set for a trial on a different day.
o"Mediate" your case through a Court-appointed mediator.A mediator will talk to both sides and try to help settle the case.However, you do not have to settle the case, and you should speak to a lawyer if you do not understand any part of the mediation or what is being said to you by the mediator.
oAsk for a protective order or reserve your rights to a protective order if the tenant asks for a continuance or a trial.If you "reserve your rights," then when a protective order is entered, it can be retroactive to the day you first requested it.
Either you or the tenant (or tenant's attorney) may ask for a "Protective Order" that requires the tenant to deposit all future rent into the Court registry.See the section titled "Protective Orders" for more information.
For more information about what happens on your first day in court, click here.
What happens if I can't appear in Court on my scheduled day?
You should immediately call the Clerk of the Court at (202) 879-4879 explain why you cannot appear.Ask the Clerk for his or her name and write it down.You also should immediately call your tenant or the tenant's attorney to tell him or her you cannot appear.If you have time to come to Court on another day before your Court day, you can file a notice with the Court explaining that you cannot come to Court and requesting a new date.If the Clerk does not give you another date to appear in Court, get to Court as soon as possible and find out what happened.Even if you call the Court, the judge may still dismiss your case.If your case is dismissed because you are not there, it is called a "dismissal for want of prosecution," and you can usually file a motion to re-open the case or file a new case.
