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Motions to Dismiss in Landlord-Tenant Court

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Contents

FAQ

What is a motion to dismiss?

A motion to dismiss asks the court to dismiss, or get rid of, the eviction case, because the landlord made a mistake in the case. 

There are many reasons for a motion to dismiss. Superior Court Civil Rule 12 lists the different reasons, and this page will talk about some of these in detail. 

When do I file a motion to dismiss?

You should file a motion to dismiss before you file an answer. For some reasons for dismissal, you waive the reason (meaning, you can’t bring it up again in your case) if you don’t file the motion at the beginning of the case. These reasons include: if you think the court doesn’t have jurisdiction (power) over you; if you think you weren’t served properly; if you think the landlord didn’t include the right documents in service. 

Some reasons for dismissal you can file any time during the case. These include: if you think the court doesn’t have jurisdiction (power) over the case type; if you think that the complaint doesn’t actually state a claim; if you think the landlord failed to add someone to the case they needed to add. 

Motion to Dismiss for Failure to State a Claim

A motion to dismiss for failure to state a claim means, you think your landlord does not actually have a claim. For example, this might look like a lease violation complaint that doesn’t include any information on what the tenant did to violate the lease. Or, this might look like a non-payment of rent case that’s missing information on how much you owe. 

The law requires landlords to state a claim “upon which relief can be granted.” This means, the landlord has to have a clear claim that the court can clearly grant relief over. The landlord cannot just say, for example, “I want my tenant out.” They need to have a legal reason for eviction and briefly explain why they think that reason applies. On the court’s complaint form, this is usually at the bottom of the first page or the top of the second page. 

Motion to Dismiss for Lack of Subject-Matter Jurisdiction

A motion to dismiss for lack of subject-matter jurisdiction means, you think your landlord filed a case that shouldn’t be filed in Landlord Tenant Court. The only cases allowed in Landlord Tenant Court are evictions cases. If your landlord files a case that is not about eviction, the court may not have subject-matter jurisdiction. 

Motion to Dismiss for Lack of Personal Jurisdiction

A motion to dismiss for lack of personal jurisdiction means, you do not think the court has jurisdiction (power) over you. Landlord Tenant Court only has power over people who live in DC. If you live in Maryland, Virginia, or some other state, and are not a tenant in DC, the court may not have power over you. 

Motion to Dismiss for Insufficient Process

A motion to dismiss for insufficient process means, you think your landlord didn’t give you all the papers they needed to when they served you. When your landlord serves you with court papers, they must include: 

  • A copy of the complaint, including: 

  • The complaint form (often called a 1A, 1B, or 1C) 

  • A copy of the Notice to Quit (often called a Notice of Past Due Rent, or Notice of Lease Violation) 

  • A copy of the affidavit of service for the Notice to Quit (as in, how did your landlord give you the notice) 

  • A copy of the landlord’s Basic Business License 

  • A copy of the landlord’s registration or exemption with the Rental Accommodations Division 

  • A copy of the summons, which is the document that tells you the date, time, and location of your hearing 

If your landlord did not include these documents when they served you, the court may dismiss your case. 

Motion to Dismiss for Insufficient Service of Process

A motion to dismiss for insufficient service of process means, you think your landlord did not serve you with the complaint and summons correctly. Landlords have to serve tenants with a copy of the complaint and summons at least 30 days (excluding Sundays and federal holidays) before the initial hearing. Landlords have to try serving you in person, meaning handing the papers directly to you, at least twice. After that, they must post the complaint and summons on your door and mail you a copy. If your landlord did not follow the service process, the court may dismiss your case. 

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