Glossary of Common Eviction Terms
Answer: An answer in a landlord-tenant branch case is the tenant’s opportunity to respond to the landlord’s allegations and to raise any defenses the tenant may have. A tenant is not required to file an answer in landlord-tenant court unless they are requesting a trial by jury. If the tenant is requesting a trial by jury, they must do so in writing, at or before the initial hearing.
Appeal: An appeal asks the District of Columbia Court of Appeals to review the judge’s decision in your case. Most landlord-tenant branch cases proceed before a magistrate judge. Decisions by a magistrate judge must be reviewed by an associate judge before they can be appealed to the Court of Appeals.
Bench Trial: A bench trial is also called a “non-jury trial.” It is a trial that takes place before a judge, not a jury. The judge makes the final decision in the case.
Complaint: A complaint is the document that the landlord files with the court to start an eviction case. The complaint lays out the reasons the landlord wants to evict the tenant.
Continuance: A continuance is a rescheduling. When a hearing or case is “continued,” it is rescheduled for another date.
Default: A default is entered when a tenant does not appear for a hearing in their landlord-tenant branch case. A default
Defendant: The defendant is the party responding to the case. In landlord-tenant branch eviction cases, the tenant is usually the defendant.
Hearing: A hearing is a court date. As of Spring 2024, most landlord-tenant branch hearings are conducted both remotely (by phone or video) and in person. The parties may choose how they would like to appear. For some types of hearings, the parties are required to attend in person. The hearing notice should state how the parties may appear.
Bell Hearing: A Bell Hearing occurs when the plaintiff (landlord) has requested a protective order. The Bell hearing is a hearing where the judge determines the amount of the protective order.
Initial Hearing: The initial hearing is the first hearing in a landlord-tenant branch case.
Housing Conditions Calendar: Housing Conditions Calendar is a part of the civil division exclusively for tenants who are suing their landlords for repairs to their unit. For more information about Housing Conditions Calendar, please visit https://www.dccourts.gov/services/civil-matters/housing-conditions-calendar.
Judgment: A judgment is the judge’s decision in the case. There are two types of judgments in landlord-tenant branch cases: judgments for possession and money judgments.
Judgments for Possession: Judgments for possession decide who gets to keep the property for their use. A judgment for possession in favor of the plaintiff indicates that the landlord is entitled to possession of the unit and may proceed with eviction of the tenant. Judgments for possession in favor of the defendant indicate that the tenant has a legal right to stay on the premises and the landlord may not remove them.
Money Judgments: Money judgments usually occur in cases about nonpayment of rent. A money judgment happens when the judge finds the tenant liable for some amount of rent. A money judgment requires the tenant to pay that rent to the landlord.
Jury Trial: A jury trial is a trial where a jury makes the decision, not a judge. If a tenant wants a jury trial, they must ask for it in writing. This is called a jury demand. A jury demand must be submitted in writing at or before the initial hearing. Magistrate judges, who handle most landlord-tenant branch cases, cannot preside over jury trials. So, if a tenant demands a jury trial, the case must be certified (or transferred) to an associate judge in the civil division.
Mediation: Mediation is an opportunity for the parties to resolve the case without going to trial. The mediator is a third party, trained in negotiation who is there to help the parties find a compromise that works for everyone. Parties are not required to settle the case at mediation. If they don't, the case will proceed to trial. Everything at mediation is confidential. No one, including the mediator, can tell the judge or anyone else about what happens at mediation.
Motion: A motion is a court filing in which a party asks the Court to do something.
Notice: In most landlord-tenant branch cases, the landlord must give the tenant a notice before filing a case. Different types of cases require different types of notices.
30-Day Notice of Past Due Rent/Notice of Intent to File a Claim: The landlord provides this type of notice to the tenant when they owe more than $600 in past due rent. The notice must include the language required by D.C. Code § 42–3505.01(a-1)(2) and a ledger showing the rent allegedly owed. The notice gives the tenant 30 days to pay what they owe. After 30 days, if the tenant still owes more than $600, the landlord can file an eviction case against them.
30-Day Notice to Quit/Cure: The landlord provides this type of notice to the tenant when they (1) have violated the terms of their lease or (2) are a squatter with no right to live on the property.
If the landlord alleges lease violations, the notice must include the language here and must tell the tenant what the alleged violations are and how to fix them. The notice gives the tenant 30 days to fix the alleged violations. After 30 days, if the tenant has not fixed the alleged lease violations, the landlord may file an eviction case against them.
If the landlord alleges that the tenant is a squatter, the notice gives the tenant 30 days to vacate the property voluntarily. After 30 days, if they are still living on the premises, the landlord may file a case against them.
90-Day Notice of Personal Use and Occupancy: The landlord provides this type of notice to the tenant(s) when they the tenant to leave so they can live in the property themselves. The notice gives the tenant(s) 90 days to vacate. After 90 days, if the tenant(s) have not vacated after 90 days, the landlord can file an eviction case against them.
Plaintiff: The plaintiff is the party that files the case. In landlord-tenant branch eviction cases, the plaintiff is always the landlord or management company.
Preliminary Injunction: A preliminary injunction is a temporary court order that requires one party to do something or stop doing something. A preliminary injunction is usually entered after the expiration of a temporary restraining order and usually lasts until the case ends.
Protective Order: A protective order is a court order that requires the tenant to pay their monthly rent into the court registry, instead of to the landlord, while the case is going on. The tenant can ask for the amount to be reduced based on issues with conditions in their building or unit. They make those arguments at a Bell Hearing, which they can request when the landlord requests a protective order.
Rent Stabilization: Rent stabilization (also known as “rent control”) applies to some, but not all, units in the District. Units subject to rent stabilization can only have one increase in rent every 12 months and there are limits on the size of that increase. For more information on rent stabilization, please visit https://dhcd.dc.gov/rentcontrol.
Self-Help Eviction: A self-help eviction is an eviction the landlord performs without first obtaining a judgment for possession in court. Self-help evictions are illegal in DC. Only the U.S. Marshals may legally perform evictions. Landlords cannot throw a tenant’s belongings away, change the locks, board up doors, cut off utilities, or use any other method of barring a tenant from use of the property, without first going through the court process.
Settlement Agreement: A settlement agreement (or simply “settlement”) is a way to resolve the case without going to trial.
Service of Process: Service of process (or simply “service”) occurs when the plaintiff provides a copy of the complaint and summons to the defendant. There are strict rules for service of process. If the plaintiff doesn’t comply with them, the case can be dismissed.
Subsidy: A subsidy is a type of affordable housing in which the tenant pays a portion of their monthly rent and a program or government agency pays the rest.
Public Housing: Public Housing is a type of subsidized housing. Public housing is a “site-based” subsidy, which means it cannot be transferred if the tenant moves. The subsidy stays with the unit.
Site-Based Section 8: Site-based Section 8 is a type of subsidized housing. “Site-based” means that the subsidy cannot be transferred if the tenant moves. The subsidy stays with the unit. In general, site-based section 8 subsidies apply to privately owned apartment buildings. Tenants recertify for their subsidy at the leasing office, rather than at the D.C. Housing Authority.
Voucher: A voucher is a type of housing subsidy. Tenants with a voucher pay a portion of their monthly rent. The voucher program pays the rest of the rent. A voucher is a “tenant-based” subsidy, which means that the tenant can take it from unit to unit or building to building.
Summons: The summons is a court document that tells the defendant when and how to appear for the initial hearing in the case.
Temporary Restraining Order (TRO): A temporary restraining order is an emergency order issued by a judge. To obtain one, a party files a motion for a TRO and asks the judge to order the other party to do something (or stop doing something). A TRO is a temporary measure, which means the order usually ends after 14 days. The order can be extended by a preliminary injunction, which can last until the case ends.
Tenant Petition: A tenant petition challenges rent increases in buildings subject to rent stabilization (also known as rent control). Only tenants in rent stabilized buildings can file tenant petitions. Tenant petitions are filed in the Office of Administrative Hearings.
Writ of Restitution: The writ of restitution (or simply “writ”) is the piece of paper that allow the U.S. Marshals to execute an eviction by changing the locks. After obtaining a judgment for possession, the landlord files for and the court issues a writ of restitution.