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DC Eviction Process: A Step-by-Step Guide for Landlords (2026)

Devin Henry is President of Nomadic Real Estate, leading strategy and growth initiatives. With a background in philosophy and financial services, he applies analytical thinking to help businesses navigate digital transformation. Outside work, Devin enjoys kayaking DC’s rivers, composing fingerstyle guitar, and exploring the city’s architecture.
DC Eviction Process - Landlord Guide
Table of Contents
Table of Contents

To evict a tenant in DC, you have to go through court, and only the U.S. Marshals can remove the tenant. During this process, you can’t change the locks, move the tenant’s things or shut off the utilities on your own. That’s an illegal lockout in DC, even if the tenant owes months of rent.

Most DC evictions start when either the tenant hasn’t paid rent or the tenant is breaking the lease in some other way. This guide walks through both, using the rules in effect in October 2026.

The short version for unpaid rent

  1. Make sure your rental license and rental registration are current.
  2. Check that the tenant owes at least $600 in rent. Late fees don’t count.
  3. Send a 10-day notice two ways: certified mail, plus hand delivery or posting it on the door.
  4. When the 10 days are up, file a case at the Landlord and Tenant Branch of DC Superior Court.
  5. Have a process server deliver the court papers at least 14 days before the first hearing.
  6. If you win, wait two days and file for a writ. The U.S. Marshals will set an eviction date.
  7. Give the tenant your own notice of that date at least 21 days ahead, then meet the Marshals at the unit.

These waiting periods add at least 45 days to the eviction process. That’s without taking into account court dates and the Marshals’ calendar. The calculator below can help you figure out when’s the earliest each step in the eviction process can happen.

Earliest dates by law

Your earliest filing, hearing and eviction dates

Choose your reason for evicting and enter the day you served the notice. Mailed it one day and posted it the next? Use the later date.

$

Which notice do you need?

A lease ending is not a reason to evict in DC. As long as the tenant keeps paying, they can stay after the lease is up, and it continues month to month.

To evict a tenant, their situation needs to match one of the reasons listed in D.C. Code § 42-3505.01. Each of these reasons has a different notice period.

ReasonNoticeDC Code
Unpaid rent of $600 or more10 days before you file§ 42-3505.01(a-1)
Lease violation, such as an unapproved pet or extra occupant30 days for the tenant to fix it§ 42-3505.01(b)
Dangerous crime or crime of violence in the unit or building10 days to move out§ 42-3505.01(c)(2)
Another illegal act in the unit that a court has already ruled on30 days to move out§ 42-3505.01(c)(1)
You’re moving into the unit yourself90 days to move out§ 42-3505.01(d)
Sale, renovation, rehab, demolition or taking the unit off the market90 to 180 days, plus extra steps such as the tenant’s right to buy, Rent Administrator approval or relocation payments§ 42-3505.01(e) to (i)

If you take a unit back to live in or to sell, you can’t rent it to someone else for 12 months. Renovation, rehab, demolition and off-market cases also need filings with DC’s Rent Administrator. It’s a good idea to talk to a landlord-tenant attorney before you send one of those notices to avoid potential issues.

Every notice except the rent notice also has to be served on the Rent Administrator, an official at DC’s Department of Housing and Community Development.

The DC eviction process step by step

Step 1: Serve the right notice

For unpaid rent. According to the statute, the notice must show the exact amount owed and include a ledger of each rent charge and payment for the months the tenant is behind. The notice also gives the tenant the option to stay if they pay the full balance owed. It must also list two free help lines: the Office of the Tenant Advocate (202-719-6560) and the Landlord Tenant Legal Assistance Network (202-780-2575). The exact wording is in § 42-3505.01(a-1).

Send it by certified mail with tracking and a return receipt. Then also hand-deliver it or post it on the unit’s front door. If you post it, take a photo of the posted notice with a readable timestamp. The court will ask for it.

If the tenant owes less than $600, you can send a bill. You can’t send an eviction notice yet.

For a lease violation. The notice must describe the violation and give the tenant 30 days to fix it. Keep dated photos, messages and any earlier warnings. If the tenant fixes the problem within the 30 days, you can’t file for eviction. If they don’t, you can file even if the lease violation is fixed afterward.

Language. If you know the tenant speaks a language other than English or Spanish, check whether it’s one of the languages covered by DC’s language access law. If it is, the notice has to be in that language.

Step 2: Wait out the full notice period

Don’t file until the notice period is over. A case filed even a day early can be dismissed. If you sent the same notice on different days (one by post and the other delivered personally, for example), start the count from the last delivery to be safe.

In a rent case, if the tenant pays everything they owe before the 10 days are up, the case is over.

Use the wait to put your file together:

  • the lease
  • the rent ledger
  • each notice, with proof of how and when you served it
  • photos and your texts or emails with the tenant

Step 3: Confirm your license and registration, then file

You need two things before you file:

  • a current rental housing business license
  • a rental registration, or a claim of exemption from registration

You confirm both when you file and bring proof to the first hearing, under D.C. Code § 16-1501. A judge can waive the license only in narrow cases. If your license has lapsed, renew it before you file. Our DC landlord compliance checklist explains how to get both.

The next step is to file a complaint for possession with the Landlord and Tenant Branch of DC Superior Court. The court’s landlord eviction checklist lists the forms. If you have a lawyer, they file online. If you’re filing yourself, go to the clerk’s office in Room 110, Building B, 510 4th Street NW.

Step 4: Have the court papers served

The court papers are the summons and the complaint. The tenant has to get them at least 14 days before the first hearing, and you can’t deliver them yourself.

  • Who delivers them: a process server, or any adult 18 or older other than you.
  • Who can receive them: the tenant, or someone over 16 who lives in the unit.
  • If no one answers twice: the server can post the papers on the door and mail a copy first class within 3 days. Take a timestamped photo of the posted papers for the court.
  • Proof: the server signs an affidavit of service, which has to be filed with the clerk at least five business days before the hearing.

Step 5: Go to the first hearing

The first hearing may be on video. Bring proof of your license and registration. The judge also checks your notice and how the papers were served.

If the tenant doesn’t show up, the court enters a default against them. To turn it into a judgment, you file a Servicemembers affidavit stating that the tenant isn’t on active military duty. If the tenant disputes the case, expect more court dates. At that point it’s worth having a landlord-tenant attorney.

While a rent case is open, you can ask the judge to order the tenant to pay each month’s rent to the court. This is called a protective order. The court holds the money until the case ends.

The court’s Eviction Diversion Program can also help. It connects you and the tenant with rental assistance and mediation, and some cases end there with the back rent paid. You can reach it at [email protected].

If the tenant has applied for rental assistance. DC’s Emergency Rental Assistance Program, known as ERAP, can pay back rent. If the tenant is waiting on an ERAP decision, the judge can pause the case once. ERAP will contact you for your payment details. Reply quickly. If you leave a request unanswered for more than 45 days, the judge can cancel the rent ERAP would have covered, and you can’t collect it later.

Step 6: Get a judgment and file for a writ

A judgment for possession means you won, but the tenant is still in the unit. To have them removed, you need a writ of restitution, which is the court order that lets the Marshals carry out the eviction.

Wait at least 48 hours after the judgment. Then file the writ at the Landlord and Tenant clerk’s office. In a rent case, the court also sets the amount the tenant would have to pay to stay. The clerk sends the writ to the U.S. Marshals Service.

Three dates matter at this stage:

  • 90 days: the writ has to be issued within 90 days of the judgment. After that, you need the judge’s permission.
  • 75 days: once issued, the writ is good for 75 days.
  • 67 days: the eviction date you pick has to fall within 67 days of the writ’s issue date. If the eviction doesn’t happen in time, you may have to file for a new writ and pay again.

The Marshals call you to set the date and try three times. If they can’t reach you, the writ is canceled and goes back to the court. Keep your phone on.

Step 7: Notify the tenant and meet the Marshals

The Marshals mail the tenant the eviction date, but you also need to provide notice separately. D.C. Code § 42-3505.01a requires your own notice at least 21 days before the eviction, sent in three ways:

  • by phone call, text or email
  • by first-class mail
  • posted at the unit

The notice has to give the eviction date and warn that anything left behind will be treated as abandoned after 7 days. It also lists phone numbers for the Marshals, the Office of the Tenant Advocate and the court, and explains how the tenant can come back for their things.

If the tenant tells you at least 48 hours before the eviction that ERAP has approved enough to pay everything they owe, you have to cancel. A new eviction date has to be at least 3 weeks after the canceled one.

On eviction day, be at the unit with a working key or a locksmith who can open the door within 10 minutes. The Marshals won’t carry out an eviction while it’s raining or snowing, or when the 8 a.m. forecast at Reagan National is below 32°F or above 95°F. If weather stops it, they come back on the next day the weather allows.

After the Marshals remove the tenant:

  • Change the locks while the Marshals are there, at your own cost.
  • Leave the tenant’s belongings in the unit for 7 days, not counting Sundays and federal holidays.
  • During that time, let the tenant in to collect them for at least 16 hours between 8 a.m. and 6 p.m., spread over no more than 2 days.
  • Don’t charge rent or storage fees for that week.

Locking a tenant out before this point is an illegal self-help eviction. Our guide to wrongful eviction in DC covers what that can cost a landlord.

Before you file: a DC eviction checklist

Run through this list before you file the complaint. Items marked “rent case” only apply when you’re evicting for unpaid rent.

Pre-filing checklist

Before you file the complaint

0 of 12 done

A judge can now let you fix some paperwork mistakes instead of throwing the case out, but they don’t have to. If the case is dismissed, you start over with a new notice.

How long does eviction take in DC?

For an unpaid-rent case, the waiting periods in the law add up to at least 45 days. That’s the 10-day notice, the 14 days between the court papers and the first hearing, and your 21-day notice of the eviction date. The time it takes the court to schedule hearings and the Marshals to schedule the eviction comes on top. A disputed case, an ERAP pause or bad weather on eviction day adds more.

If you’re moving in yourself, the notice alone is 90 days, and a demolition takes 180 days of notice. The court steps come after that.

In a rent case, every week of delay is another week without rent, plus legal costs. Our guide to how much eviction costs in DC breaks down the filing fees, legal costs and lost rent.

What changed in DC eviction law in 2025 and 2026

If you last evicted a tenant in DC before 2026, these are the rules that changed.

What changedThe rule nowSource
Notice for unpaid rent10 days, down from 30RENTAL Act, December 31, 2025
Sending the rent noticeCertified mail plus hand delivery or postingRENTAL Act, December 31, 2025
Time between court papers and the first hearingAt least 14 days, down from 30RENTAL Act, December 31, 2025
Mistakes in the notice or filingThe judge can let you fix them instead of dismissing the caseRENTAL Act, December 31, 2025
Hot daysNo evictions when the 8 a.m. forecast is over 95°FExtreme Heat Eviction Protection Amendment Act, April 16, 2026

The RENTAL Act also added a faster track for violent crime cases and let either side ask for rent to be paid to the court while a rent case is open. The $600 minimum and the license and registration rule are older. They date from a 2022 law.

How to avoid getting to an eviction

Screen every applicant the same way. Write down your criteria and use them for everyone. DC limits how you can use an applicant’s credit history, so check the current rules before you set them.

Call in the first week rent is late. Sometimes it’s a bounced payment or a new job with a later payday, and two or three installments fix it. Put the plan in writing, with amounts and dates.

Point tenants to rental assistance early. ERAP and the court’s Eviction Diversion Program can pay back rent before it turns into a court case.

Put lease problems in writing. Send a dated written notice the first time something comes up, so you have a record if it happens again.

DC eviction FAQ

How long does eviction take in DC?

At least 45 days for an uncontested rent case, and usually longer. See the timeline section and calculator above for your own dates.

What are the new eviction laws in Washington DC?

The RENTAL Act took effect December 31, 2025, and cut the notice for unpaid rent from 30 days to 10. A second law, in effect since April 16, 2026, stops evictions on days forecast above 95°F. The table above lists every change.

Can a landlord evict a tenant without going to court in DC?

No. You need a court judgment and a writ, and only the U.S. Marshals can remove the tenant. Locking a tenant out, taking their things or shutting off utilities is illegal.

Can a tenant be evicted immediately in DC?

No. Even a violent crime case, the fastest kind, starts with a 10-day notice and still needs a hearing, a judgment and a writ. The tenant also gets notice of the eviction date before the Marshals come.

Can I evict a tenant when the lease ends?

No. In DC the lease continues month to month as long as the tenant pays. You’d need one of the reasons in D.C. Code § 42-3505.01, such as moving in yourself.

What is the difference between a notice to vacate and an eviction?

A notice starts the process. It doesn’t let you remove the tenant. An eviction needs a court judgment and a writ, and only the Marshals can carry it out.

Can I evict a tenant for owing less than $600?

No. You can’t send an eviction notice or file for possession over unpaid rent until the tenant owes at least $600.

Get help before you send the first notice

The notice you send decides how long you wait and what the judge looks at. If a tenant is behind on rent or breaking the lease, get advice before you send anything. That’s when you can still pick the right reason, start the file and try to settle without going to court.

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This article is general information for DC property owners, not legal advice. We manage rentals and aren’t a law firm, so for your own case, talk to a DC landlord-tenant attorney.

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