Tenant Guide to Writs and Scheduled Evictions

How can I stop a scheduled eviction?

If you have an eviction scheduled, immediately ask the Court for a “stay” by filing an “Application for Stay of Execution of Writ of Restitution,” which asks the judge to temporarily put the judgment against you on hold. Without a stay, you can still be evicted even if you follow the next steps. Below are some of the reasons you can file a stay:

1. I missed my hearing & have a default judgment

To get a default judgment removed and stay the eviction, you should file 3 documents:

• “Motion to Vacate Default Judgment,” which explains why you missed a hearing
• An explanation of the legal reasons why you should win the case, called an Answer
• The Application to Stay The Writ.

2. I think the judge was wrong about my case

You have two options. You can file:

• “Motion for Reconsideration,” which asks the judge to change their decision, or
• Appeal or Review which asks another judge to look over your judge’s decision and see if they followed the law

You also need to file an Application to Stay the Writ to avoid being evicted while the judge decides on your motion or appeal.

3. My landlord didn’t give me proper notice of my eviction date

• Your landlord is required to inform you of a scheduled eviction at least 21 days in advance in 3 ways (see reverse). Your landlord cannot evict you until they give you proper, 21-day notice.
• If your landlord did not follow all of these steps to notify you, file an Application to Stay the Writ explaining that your landlord failed to provide proper notice of your eviction date.

4. I have a pending ERAP Application

 The Court may pause your case until there is a decision on your ERAP application, if you File an Application to Stay the Writ mentioning your ERAP application.

You can move out before your scheduled eviction date to avoid the U.S. Marshals. Notify your landlord that you are planning to move out early. Moving out early does not change the outcome of your case. Your eviction judgment will remain on the record until your case is sealed.

Call LTLAN (202-780-2575) for legal help ASAP.

Tenant Guide to Writs & Scheduled Evictions

What is a writ?

• A writ – which can also be called a “writ of restitution” – means that your landlord has won an eviction case against you and has filed paperwork to evict you. The writ tells the U.S. Marshals Service to schedule your eviction date. This may happen even if you never attended court.

How do I know if I have an eviction date scheduled?

• The U.S. Marshals Service will mail you the writ of restitution, which should tell you the date of your eviction.
• Your landlord must also notify you at least 21 days before your scheduled eviction in 3 different ways: 1) first-class mail; 2) electronic communication, like email or text; and 3) posting on your door.
• Check the eviction list published by the Office of the Tenant Advocate at https://ota.dc.gov/page/eviction-lists to see if your eviction is scheduled.

What if I have an ERAP application pending?

• If you have an ERAP application pending, the Court may “stay” (pause) eviction cases for non-payment of rent. In order to pause the eviction, you must tell the Court immediately about your pending ERAP application by filing an Application to Stay the Writ.

Redeemable Judgments

• A redeemable judgment means that you can “redeem” your tenancy and prevent eviction by paying the rent you owe your landlord.
• If you are being evicted only because you owe rent, you can redeem by paying all rent you owe & court costs before your eviction occurs.
• Get a receipt from the landlord proving you paid your rent balance.

Non-Redeemable Judgments

• A nonredeemable judgment means you cannot stop the eviction simply by paying rent.
• This is most common in cases that are not about unpaid rent.
• You can still try to prevent your eviction by:
  • Asking the judge to vacate (undo) a default judgment, or
  • Moving out before your eviction date.

Questions? Call LTLAN (202)-780-2575