How to Evict a Roommate Not on the Lease in DC

If you’re renting in the District of Columbia and have a roommate who isn’t on the lease, ending their stay can be tricky. DC law treats this situation differently than removing a tenant named on the lease. This comprehensive guide explains your rights, the legal eviction process, official forms, and helpful tips—all based on up-to-date laws and resources.

Understanding Roommate Status in DC

Roommates not on the written lease are often considered “subtenants” or “licensees” under D.C. law. Even though they don’t have a direct contract with your landlord, they still have rights as lawful occupants. Removing such a roommate typically requires following formal procedures similar to those for tenant evictions.

Eviction Basics: Who Handles Shared Housing Disputes in DC?

The Landlord and Tenant Branch of the D.C. Superior Court is the tribunal that hears roommate and eviction matters in the District of Columbia.

When Can You Ask a Roommate to Leave?

Before starting an eviction, you must have a legal reason. You can generally remove a roommate not on the lease if:

• Your roommate violated your agreement (e.g., unpaid rent, property damage, dangerous behavior).
• You want to end the living arrangement for personal reasons and provide proper notice.

DC law requires that you provide written notice to the roommate and, if they refuse to leave, obtain a court order for eviction—you cannot lock them out or remove their belongings yourself.

Step-by-Step: Evicting a Roommate Not on the Lease

1. Give Written Notice to Vacate

You must provide your roommate with a formal written notice, typically giving them 30 days to leave. This notice should clearly state the end date of their occupancy.

2. Use the Official Notice to Quit Form

There is no standardized DC government-issued form specifically for roommate evictions. However, you may use a “30-Day Notice to Quit” written in plain language and include:

• Date notice is given
• Roommate’s name and address
• Your statement ending their stay and the move-out deadline
• Your signature

Keep a copy and, if possible, deliver it with a witness or by certified mail.

3. Wait for the Notice Period to Expire

If your roommate moves out by the date in the notice, no further action is needed. If not, you must proceed to court.

4. File an Eviction Case in D.C. Superior Court

If your roommate refuses to leave, you can file a landlord-tenant action in the Landlord and Tenant Branch. You’ll use the following forms:

• Complaint for Possession of Real Property (Form L&T 1) – Used to formally request the court to remove your roommate. Download Complaint for Possession. Complete and file this after the notice period ends and if the roommate refuses to vacate.
• Summons (Form L&T 2) – The court clerk will issue this to notify your roommate of the court date. Download Summons.

Once you’ve filed, the court will set a hearing. Both you and your roommate can present your sides.

Tip: Never try to force a roommate out physically or change the locks without a court order. Self-help eviction is illegal in DC and can lead to penalties.

What the Law Says: Relevant DC Legislation

All evictions in DC are governed by the District of Columbia Code, Title 42—Landlord and Tenant, and court rules for summary possession actions.¹

Action Steps: How to Evict a Roommate Not on the Lease in DC

• Provide your roommate with a 30-day written notice to vacate.
• Wait for the notice period; if they refuse, prepare your court forms.
• File your Complaint for Possession form with the D.C. Superior Court.
• Attend the court hearing and present evidence.
• If successful, follow court instructions for regaining possession lawfully.

The eviction process can move quickly once in court, but must always respect the rights of all parties. When in doubt, seek legal support.

Frequently Asked Questions

1. Is it legal to evict my roommate without going to court in DC?
   No. DC law requires a court order before you can remove a roommate, even if they are not on the lease.
2. What happens if my roommate refuses to leave after the notice period?
   You must file for eviction through the D.C. Superior Court. Only a court order can require them to move out.
3. Can my landlord evict my roommate if they're not on the lease?
   Generally, only someone with authority over the unit (the landlord or named tenant) can initiate an eviction. Discuss your options with your landlord if needed.
4. How long does the eviction process take in DC?
   The process usually takes several weeks: 30 days’ notice, followed by a hearing and possible additional time for enforcement.
5. Are there any exceptions for emergencies or threats?
   If there is an immediate danger, contact law enforcement and consider a civil protection order through the court.

Need Help? Resources for Renters

• D.C. Superior Court Landlord and Tenant Branch
• Office of the Tenant Advocate - Legal Clinic
• DC Office of the Tenant Advocate
• District of Columbia Landlord-Tenant Code

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1. District of Columbia Code, Title 42: Real Property

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