Prefiling Eviction Notices 101 for Tenants
FAQ
- What do tenants need to know about pre-filing eviction notices?
A tenant does not have to leave their home when they receive an eviction notice. In DC, a tenant cannot be evicted without a court order. What you received is called a notice of intent to file, which essentially warns you that they could file after the period in the notice expires, but they have not filed yet.
Tenants have the right to fight the eviction in court. If your landlord sues you based on the eviction notice, you should be served with a DC Superior Court complaint and summons in person, in the mail, or by posting on your door. The summons and complaint will inform you of the case number as well as the date and time of your initial hearing.
A notice must inform a tenant of the reason why the landlord believes that they have a right to evict the tenant. Most are notices for a tenant to pay back rent or to correct a lease violation or other obligation of tenancy. Common types of notices include:
Notice of Past Due Rent
The notice of past due rent legally must say how much the landlord says the tenant owes. A landlord should give a tenant a notice of past due rent at least thirty days before they file an eviction lawsuit. In DC, a tenant may pay whatever the landlord says that they owe to stop the eviction process. If a tenant pays that amount before another month of rent becomes due, the landlord cannot file a lawsuit and the eviction process stops.
If a tenant disagrees with how much the landlord says that they owe, the tenant may negotiate with the landlord to reduce how much they owe. They may also fight this in court.
Make sure to call us back if you receive notice of a court filing or a hearing for further assistance.
Notice to Correct or Vacate (Lease Violations)
The notice to correct or vacate legally must inform the tenant of their alleged violation and how they can correct or cure the violation. The notice must give the tenant at least thirty days to correct the alleged violation.
A tenant can correct an alleged violation by stopping doing whatever the landlord says is a violation within 30 days.
If a tenant does not violate their obligation again after the thirty days have passed, the landlord should not file an eviction lawsuit against them. If the landlord still files, the court should find that the landlord loses if the tenant never did what the landlord claims they did, or if what the tenant did is not a violation of the tenant’s lease or other obligations.
Make sure to call 202-780-2575 if you receive notice of a court filing or a hearing for further assistance.
Notice to Vacate (Criminal Lease Violations)
In very limited circumstances a landlord does not have to give a tenant an opportunity to correct if the tenant’s home is federally subsidized and the alleged lease violation involves specific kinds of criminal conduct.
Make sure to call 202-780-2575 if you receive notice of a court filing or a hearing for further assistance.
Notice to Vacate for Personal Use and Occupancy
In DC, a landlord may evict a tenant from the tenant’s home so that the landlord can move into the home. A landlord may also evict a tenant from the tenant’s home that the buyer of the home can move into the home. A landlord legally must give the tenant ninety days’ notice before filing a lawsuit, and the notice must also comply with several other requirements. A tenant may persuade the court to not allow the landlord to evict them if they persuade the court that the landlord or the buyer do not really into to move into the home or that the landlord is suing the tenant for a discriminatory reason.
Make sure to call 202-780-2575 if you receive notice of a court filing or a hearing for further assistance.
Notices to vacate related to altering a tenant’s home
In the District, a landlord may give a tenant a notice to vacate relating to altering the tenant’s home. n all these situations a landlord must comply with numerous requirements to legally evict tenant, often including getting permission from the city before even giving the tenant a notice.
If a landlord maintains that a tenant must temporarily move out of the tenant’s home to renovate or alter the home, the landlord must give the tenant a 120-day notice to vacate before filing an eviction suit against them. Before a landlord files an eviction suit because they are seeking to renovate or alter a tenant’s home, they must first ask the city for permission to temporarily remove the tenant. As part of the process of gaining permission from the city, the landlord must propose a relocation for all tenants they are seeking to temporarily remove from their homes. The tenant has an absolute right to reoccupy their home after the proposed alterations or renovations are completed.
A landlord must go through a similar process if a landlord maintains that a tenant must temporarily move out of the tenant’s home to substantially rehabilitate their home. The landlord must give the tenant a 120-day notice to vacate before filing an eviction suit against them. The landlord must first ask the city for permission to temporarily remove the tenant before filing the eviction suit because they are seeking to renovate or alter a tenant’s home. The tenant has a right to return to their home after the substantial rehabilitation is completed, but as part of the rehabilitation process the landlord may be allowed to substantially increase the rent. The tenant may obtain relocation assistance if they qualify.
A landlord must give a tenant a 180-day notice to vacate if the landlord maintains that the tenant must move so that the landlord may demolish their home for new construction or discontinue the use of their home as a rental unit. The tenant may obtain relocation assistance if they qualify.
All tenants who receive an eviction notice have the right to persuade the court why their landlord does not have the right to evict them. A tenant who does not want to leave may have arguments why the landlord does not have a right to evict them despite what the notice says. Tenants who have received a notice may call the Landlord Tenant Assistance Network to seek legal assistance.