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Protective Orders - Paying Rent to the Court Registry

Authored By: D.C. Bar Pro Bono Center

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Information

What is a protective order? 

A protective order is a court order that requires the tenant in a landlord-tenant branch case to pay their rent into the court registry, instead of directly to the landlord, while the case is ongoing. Protective orders are most common in cases about nonpayment of rent, but they can be entered in some other kinds of cases.  

The purpose of a protective order is to maintain the status quo (or the current state of affairs) throughout litigation. At the end of the case, the money in the court registry is released to the landlord or the tenant, depending on the outcome of the case.  

How can a protective order be entered? 

Only a judge can enter a protective order. Either the landlord or the tenant can request one. This request can usually be made orally if both the landlord and tenant are in Court.  

When a protective order is entered, the Court mails a protective order information sheet to the tenant. The information sheet includes the amount that must be paid, the due dates for each payment, and directions on how to pay. 

How much does a tenant pay under a protective order? 

The default amount for a protective order payment is the tenant’s portion of the monthly rent under the current lease. However, the tenant can ask for the amount to be reduced based on issues with conditions in their building or unit. Tenants make those arguments and present evidence of the conditions issues at a Bell Hearing. The tenant can request a Bell Hearing at the same time either party requests a protective order.  

 A tenant can also request a hearing if there is a disagreement about how much rent they should pay if they have a voucher that covers some or all of their rent. A tenant can tell the judge if the landlord is asking for a protective order that is higher than their share of the rent. 

If the judge orders a tenant to pay less than the full amount of monthly rent, the tenant may want to consider saving the rest of the money. At the end of the case, a judge or jury will make a final decision about how much rent the tenant should have paid during the case. If the judge or jury decides that the protective order was too low, the tenant may have to pay the difference to avoid eviction. Even if a tenant pays the full amount of rent for a protective order, they may be able to get some of the money back at the end of the case if there were major housing code violations in the unit or building during the case. If the judge or jury decides that your protective order was too high, the money can be credited to the tenant’s rental account or refunded to them directly. 

How can a tenant make their protective order payment to the court? 

A tenant may make protective order payments in Room 110 of the Landlord Tenant Courthouse at the following times:  

Monday-Friday:  

8:30 a.m. to 5:00 p.m. 

Wednesday: 

6:30 p.m. to 8:00 p.m. 

Saturday: 

9:00 a.m. to 12:00 noon 

 

Protective order payments may be made in Room 110 by any combination of cash, money order, cashier’s check, certified check, or attorney’s escrow account check. The case number must be written on the payment. The court also accepts personal checks for amounts up to $5,000.00. Money orders or checks must be made payable to Clerk of the Court.   

A tenant may also pay the protective order by mailing a check or money to the Landlord and Tenant Clerk’s Office, 510 4th St NW, Rm 110, Washington, DC 20001.  

A tenant may also pay the protective order by depositing a check or money order in the Landlord and Tenant drop box in the lobby of Building B located at 510 4th St NW, Washington, DC 20001.  

Tenants may only make electronic protective order payments that do not exceed $1,000.00 total a month. Tenants may make electronic protective order payments with a debit card, with a credit card, or with an ACH electronic check. The court accepts Visa, Mastercard, and American Express. The court charges a $1.00 administrative fee for making an electronic payment. The court charges an additional 2.5% for payment with a debit or credit card. A tenant whose monthly protective order payment is more than $1,000.00 may wish to use a combination of electronic payments and mailed or hand-delivered payments each month to keep up with their protective order.  

To make an electronic protective order payment, a tenant must either call 202-879-4879 or email LandlordandTenantDocket@dcsc.gov to get a link to pay the protective order. If a tenant calls, they should have their case number, the amount of the protective order amount, and the method of payment. If a tenant emails, they should include their name, case number, protective order amount, and desired method of payment. 

What if a tenant is going to be late with a payment to the Court? 

If a tenant cannot make the payment in full or will be late with the payment, the tenant may file a motion asking the judge for more time to make the payment. The Clerk’s Office will accept a late or partial payment, but the landlord may ask a judge to take some action against the tenant for not paying in full or on time. 

What happens when a tenant misses a Protective Order payment? 

If a tenant fails to pay in full or on time, the landlord can ask a judge to enter sanctions (or punishments) against the tenant. Sanctions can range from striking a tenant’s jury demand to entering a judgment for possession in favor of the landlord.  The landlord can only ask the judge to enter sanctions by filing a written motion with the Court. The landlord is required to give the tenant a copy of the motion. If the landlord files a motion for sanctions, the Court will schedule a hearing, where the parties can make arguments about whether or not a sanction should be entered.   

When is the money that has been paid to the Court released? 

The money is usually released by the judge when the case is over. A landlord can ask for money to be released sooner if he or she files a written motion. The landlord must give the judge a reason for needing the money sooner. 

Finding Legal Help

Call the Landlord Tenant Legal Assistance Network

202-780-2575

Open 9am to 4pm Monday through Thursday, and 9am to 1pm Fridays.

 

Visit the Landlord Tenant Resource Center


District of Columbia Superior Court Building B, Room 223
510 4th Street, N.W.
Open Tuesdays, from 10am to 1pm (or when at maximum capacity)

Last Review and Update: May 16, 2019
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