Current Timeline of DC Nonpayment of Rent Case
I’m always asked, how long will this take? Unfortunately post pandemic the answer isn’t pretty.
1) Get your licensing paperwork in order. To sue a tenant now you must have a Basic Business License and a Rent Control Registration or Exemption. If you don’t, you’ll need to sort that out first. We can discuss roadblocks you have to getting that done such as uncooperative tenants or expensive repairs.
2) Serve the tenant a 30 day notice for nonpayment of rent. These notices now have extensive language you must include and you must attach a rent ledger. They also have to be served in a specific way. All the information is in the statute. A template of the notice is mot online. The notice on the DC government website is mot useable and will get your case dismissed.
3) Wait until the notice expires. The notice period must include a full month from the 1st to the 30th or 31st so typically it takes around 6-7 weeks for them to expire.
4) File a summons and complaint. There are also new requirements here. You need to include your lease, ledger, notice and proof of service, BBL and Rent Control form in order to file your case. You will get a court date 90 to 120 days from filing the complaint for your first hearing.
5) Serve the summons and complaint and file the proof of service well in advance of the hearing date.
6) Attend virtual court. At your first court hearing you could get a default. Your case could be dismissed because you made a technical error in any of the previous steps. If your tenant comes to the hearing they can ask for a continuance. Continuances are now 2-3 months. They can ask for. Trial. Trials are typically 3-5 months from the date they are scheduled depending on the court’s calendar.
7) If you get a judgment you can now file a writ. That process and eviction take two months or longer depending on the time of year
So in a typical case takes at minimum 6-7 months if the tenant never shows up. If they come to court it can be more than a year.
There may be opportunities to settle a case with a payment agreement or letting a tenant vacate by waiving past due rent. Consider this timeline when you are weighing those options.