Tenant Guide to Eviction Cases for Non-Payment of Rent

Landlord Tenant Court allows landlords to sue their tenants for eviction. It is part of the D.C. Superior Court. 

• Location: Court Building B, 510 4th Street NW 
• Hours: Monday - Friday - 8:30AM to 5:00PM 
• Landlord Tenant Clerk: (202) 879-4879 

You do not have to move just because your landlord has sued you!

• Evictions outside of court are illegal in D.C. Your landlord can only evict you through the court process. That means a judge must give your landlord permission to evict you. 
• It is illegal for a landlord to change the locks without a court order. It is also illegal for a landlord to do other things to force a tenant to leave, like cut off a tenant’s utilities (water, gas, or electric) or remove a tenant’s possessions. 
• If your landlord takes any illegal steps to force you to leave, you can call the Landlord Tenant Legal Assistance Network at 202-780-2575  for further assistance.

The eviction process is lengthy and has many steps.

• The Initial Hearing will take place at least 30 days after the case is filed.
• A Bell Hearing could take place within a few weeks after the Initial Hearing.
• A Mediation may be scheduled at the Initial Hearing.
• A Bench Trial may be scheduled at the Initial Hearing.
• Eviction Date: If you lose at trial, your landlord must provide you with at least 21 days' notice of the date of your eviction. 
  • You must receive three types of notice of your eviction: phone call/text message or email; mail; and posting on your door.
  • You have 7 days to remove your personal property after you’ve been evicted. These 7 days exclude Sundays and federal holidays. 
  • You can arrange a time with your landlord to pick up your items between 8:00AM – 6:00PM over a period of no more than 2 days.
  • Personal property left in the rental unit will be taken out and thrown away after 7 days.

You have the right to pay the balance and stay in your unit. 
Your case will be dismissed if you pay all your past due rent. Your past due rent includes the amount of rent stated in the complaint as well as any rent owed for all the months following the date when the complaint was filed. 

You can try to negotiate a payment plan with your landlord. 
A payment plan requires that you pay your current monthly rent in addition to a percentage of your past due rent each month. For example, a payment plan might require you to pay your current monthly rent on the first of each month and an additional $200 dollars on the 15th of each month. If you fail to make a payment on time, there can be negative consequences, including eviction.

You can try to negotiate a move-out agreement with your landlord. 
If moving is an option for you, then you can try negotiating a move-out settlement agreement. You can agree to move out of your apartment by a certain date in exchange for the landlord dismissing your case. You can also try to ask the landlord for other agreements such as waiving your remaining rent and/or other charges. 

You can apply for rental assistance.

• Emergency Rental Assistance Program (ERAP): ERAP assists low-income tenants with past due rent, security deposits, and first month’s rent. For more information on how and when to apply, please visit: https://erap.dhs.dc.gov
  • If your ERAP application is pending, then your case will be paused until a decision on your ERAP application is made. If your ERAP application is approved, then your case will continue to be paused until the payment has been received by your landlord. 
• Virginia Williams Family Resources Center: Virginia Williams is for families with children seeking assistance with their housing needs. Intakes should be done in person with all adult family members present.
  • The Virginia Williams central intake office is at 920 Rhode Island Ave NE. It is open Monday – Thursday from 8:30AM to 4:00PM and Friday from 8:30AM to 12:00PM.

You can fight! 
You can choose to fight your case in court. 

If you do not get a fee waiver, you may need to pay to file documents with the court. The cost will depend on what you are trying to file.

Fee Waiver Application: If you file a fee waiver application and the court approves it, you will not have to pay any court costs or fees.

Protective Order: You may be expected to pay your monthly rent to the court while your case is going.

To fight your case, you will need to present a legal defense. Inability to pay is not a legal defense. The following are examples of legal defenses that you may have:

Housing code violations 

• Your landlord is supposed to keep your unit in decent condition. If they haven’t done that, they may have violated the law. Housing condition violations can reduce the amount of rent that you owe. To prove these violations, you need to show: 
  What the problem is; 
• How long the problem has been going on;
• That you told your landlord about the problem(s), or that your landlord should have known about the problem(s); and
• The effect the condition had on you and your family.

You will need to show the Judge each of these things. You could bring: 

• Pictures or videos of the conditions;
• Testimony from friends, neighbors, or other people who have seen the conditions;
• Text messages or emails with your landlord about the conditions; and 
• Any inspection records.

Improper service

Your landlord is required to serve you with a notice of past due rent before they take you to court. The notice of past due rent must be posted to your door, directly handed to you, or directly handed to someone else in your unit who is over the age of 16.

Once your landlord sues you, they are required to serve you with a copy of the Complaint they filed with the Court. The Complaint must be posted to your door, directly handed to you, or directly handed to someone else in your unit who is over the age of 16.

If you weren’t properly given these documents, it may be a defense to your case.

You owed less than $600 when the Complaint was filed
Your landlord is only allowed to sue you if you owe $600 or more in past due rent. You have a defense if you owed less than $600 in past due rent when the Complaint was filed.

Illegal rent increase
Your landlord must provide you with written notice of any rent increase at least 30 days before the increase takes effect. If the rent increase took place after January 1, 2024, your landlord must provide written notice at least 60 days before the increase takes effect. 

If your landlord did not provide written notice in time, the rent increase is illegal. 

Retaliation
It is illegal for you landlord to retaliate against you for taking any actions you have a legal right to take as a tenant, including: 

• Asking them to fix problems in your apartment;
• Contacting the DC government about housing code violations;
• Withholding your rent after you first notified your landlord about housing code violations;
• Organizing or being a member of a tenant organization;
• Enforcing your rights under your lease; or
• Suing your landlord in another case.

Answer

When fighting your case, it is helpful to file a written answer telling the Court your defenses before your initial hearing. In order to file with the Court, you must take it to the Court building and give it to the clerks.

Counterclaim

When filing your answer, you can file a counterclaim against your landlord. A counterclaim means that you would be suing your landlord in the same case. You can file a counterclaim to ask them to make repairs to your unit, or you can file a counterclaim for money. 

If you think you have overpaid your rent in the past because of the problems in your apartment, a counterclaim allows you to ask the landlord to pay back some of the money you overpaid for the last three years. 

Filing a counterclaim for money can be risky. You may want to talk to a lawyer before doing so.

Recoupment

When filing your answer, you have the option of asking for a Recoupment. If you have overpaid your rent in the past due to housing code violations, a Recoupment allows you to reduce the amount of rent you currently owe based on your previous overpayments. 

If you have housing code violations, then you should request a Recoupment.

Set-Off

If you had to spend any of your own money repairing housing code violations in your unit, you may have a claim for a Set-Off. You will need to present evidence of how much money you spent, such as itemized receipts.

The Initial Hearing is the first time to go before the Judge. The Court should send you a notice in the mail telling you when you must appear for court. 

If you cannot attend the Initial Hearing, you may call the Landlord-Tenant Clerk’s Office to ask that the hearing be delayed: (202) 879-4879.

The Judge will want to know how you plan to move forward with the case. 

You can be at the hearing either in person or on your computer/phone. At the time of the hearing, there will be other cases too. You will need to wait until the judge calls your case. Have your case number with you.
 

• When your case is called, walk to the front of the courtroom or come off mute on your computer/phone. 
• You and your landlord (or your landlord’s attorney) will state your names. The Judge will then ask if you consent to a Magistrate Judge. See page 10 for information on Magistrate Judges.
• Your landlord or its attorney will tell the judge how much they say you owe in missed rent. You have the right to get an updated ledger.
• The Judge will then ask you how you would like the case to go forward.
• If you have defenses and would like to fight your case through the court process, you can request a Trial.
  • You have the right to a trial by a jury. Please speak with a lawyer for advice if you are interested in asking for a Jury Trial.
• The Judge will schedule Mediation as the next date in the case.
• Your landlord or its attorney may ask the Judge to require you to make a Protective Order payment to the court. 
• If your home currently needs repairs (Housing Code Violations) you can ask the Judge to schedule a “Bell” Hearing. 
• Once these hearings have been scheduled, the Judge will ask you if you have anything else to say before the hearing ends. *This hearing is not the time to go into details about your case. You will be able to do this at later hearings.
   

A type of judge called a Magistrate Judge will be present at your Initial Hearing. At the beginning of the hearing, the Judge will ask you if you consent to have a Magistrate Judge hear your case.

The alternative is to have your case heard by an Associate Judge, whose role in the court system is slightly different. Depending on your case, there may be a strategic reason to request an Associate Judge; however, this is rare and will likely delay your hearing. In most cases, the tenant consents to a Magistrate Judge at the Initial Hearing. You should speak with an attorney before deciding against a Magistrate Judge. 

While your case is making its way through the court process, your landlord can ask the Court to make you pay your monthly rent to the Court. The Court will hold this money until the case is over. 

If there are problems in your apartment, or you can’t afford the rent, you can argue that you should pay less than your current monthly rent. The most common reason for seeking to lower your Protective Order payment amount is housing code violations.

At the Initial Hearing, your landlord may ask the Court to order you to make rent payments to the Court during your case. If you need repairs in your home, you can request a Bell Hearing to lower the amount of rent you pay each month. 

At the Bell Hearing, you can explain to the Judge that you should not have to pay as much rent because of the problems in your home. You should also bring pictures of the current problems in your home and any evidence you have that you told your landlord about these conditions (such as texts or emails).

The Judge will decide how much monthly rent you will be required to pay while your case is going on. The Judge cannot order a payment amount above your current rent.

The Court will mail you information for how to make the monthly payments.

If you miss a Protective Order Payment, the Judge can order penalties or sanctions against you. Examples of the penalties Judges often order are taking away your right to a Jury Trial, taking away any counterclaims you have against your landlord, taking away defenses and entering judgment against you.

You can typically avoid penalties or sanctions if you catch up with your payments before the sanctions hearing. 

Mediation is meant to help people agree to settle the case and avoid trial.  Your mediation may be virtual or in person. If you aren’t sure, you can call the Landlord Tenant Clerk’s Office at 202-879-4879.

On the day of your mediation, you will either go in person or join the mediation online. Everything said in mediation is confidential. 

The conversation will be led by a mediator. The mediator is not a judge and will not make decisions about your case. The mediator is not supposed to take sides. They are supposed to help both sides come to an agreement. If you are able to agree, the mediator can help you write down the agreement. 

Your landlord or someone from the management office will be there. Your landlord will probably have a lawyer with them.

You will have a chance to explain your side of the case. You should raise any defenses you have. If you want repairs to your apartment, be sure to talk about the problems in your apartment. You do not need to bring evidence, but you can bring pictures or reports showing any issues.

A settlement agreement could include many different things, depending on what you and your landlord want.

• You could agree to move out in exchange for the landlord forgiving some of the rent they say you owe. 
• You could agree to a payment plan if your landlord makes some repairs. 
• Your landlord could forgive some of the rent because of the issues in your apartment. 

No! If you don’t settle at mediation, you will still have a trial.

If you agree to a payment plan but don’t make the payments, the landlord may be able to go back to court and ask for a judgment against you. If that happens, your landlord may be able to evict you.

If your landlord agrees to make repairs, but doesn’t make them, you may be able to go back to the Court and ask the Court to enforce the Settlement Agreement.

To prepare for your trial, you should organize your evidence and help your witnesses practice explaining what they know about your defenses.

• Proof of rent payments: 
  • Rent Receipts
  • Money Orders
  • Cashier’s Checks
  • Bank Statements
• Proof of problems with the conditions in your home:
  • Pictures and videos of the problems in your home
  • Be prepared to explain when these problems started
  • Be prepared to explain how these problems have affected you and your family’s lives
• Notice you gave your landlord of the problems in your home:
  • Emails, texts, and letters you sent your landlord about the problems in your home
  • Print-outs from online portals your landlord uses to track repair requests
• Evidence of any other defenses you believe apply to your case.
• Prepared witnesses. 
  • Your witnesses can be whoever knows about the important facts in your case. Friends and neighbors who have seen the problems in your home would be especially helpful.
• Be ready to explain how your evidence and witnesses are relevant to your defenses.
• Be honest.

An eviction date will be scheduled.

If you lose at trial, your landlord must provide you with at least 21 days' notice of the date of your eviction. You must receive three types of notice of your eviction: 

• Phone call, text message, or email;
• Mail; and 
• Posted on your door

You have 7 days to remove your personal property after you’ve been evicted.

• You have 7 days excluding Sundays and federal holidays. You can arrange a time with your landlord to pick up your items between 8:00AM and 6:00PM over a period of no more than 2 days.
• Personal property left in the rental unit will be considered abandoned after 7 days and will be thrown out.

Eventually, the Court will hide the records of your case so that future landlords cannot see them. How quickly that happens will depend on how your case ends.

The records of your case will automatically be hidden 30 days after your case ends in the following situations. You will not have to take any action to ask the Court to hide the records of your case.

• The judge dismisses your case.
• You win at trial.
• Most of the time, if you reach a settlement agreement with your landlord, the Court will hide the records of your case within 30 days of your case ending. However, if you agree that the landlord can have “a judgment” against you, then it may take longer for the Court to hide the records of your case.

The records of your case will automatically be hidden 3 years after your case ends in the following situations. You will not have to take any action to ask the court to hide the records of your case.

• You sign a “Consent Judgment,” agreeing that your landlord can evict you, even if the landlord promises not to move forward on evicting you.
• Your landlord wins at trial.
• If you tell the judge that you do not have any defenses, then they may decide the landlord can have “a judgment” against you.

If you want the records of your case hidden more quickly, you can ask the Court to hide the records sooner. You will have to file a motion with the Court. This is called a “Motion to Seal.” Here are some arguments you can make that the records of your case should be hidden.

• You owed $600 or less when your landlord sued you.
• Your landlord sued you as retaliation.
• There were problems with the conditions of your home that your landlord failed to fix quickly enough.
• Your landlord tried to evict you because you are a survivor of domestic violence.
• You and your landlord reached a settlement agreement which allowed you to stay in your home.