Legal Eviction Reasons & Tenant Defenses in DC

If you're a renter in the District of Columbia, understanding the rules around eviction can help protect your home and your rights. DC has strong tenant protections, but landlords still have specific legal reasons they can use to evict a renter. This guide covers the legitimate grounds for eviction and the common defenses tenants can raise to contest or delay eviction proceedings under DC law.

When Can a Landlord Evict in the District of Columbia?

DC law only allows landlords to evict tenants for very specific, legally recognized reasons. These are called "just causes" for eviction and are outlined in the District of Columbia Rental Housing Act.

• Nonpayment of rent (only if rent is legally owed and the landlord has followed procedures)
• Breach of lease agreement (for example, unauthorized occupants or pets, serious property damage, or other significant violations)
• Landlord or immediate family wants to move in (with strict notice requirements)
• Substantial renovations or demolition (must comply with clear standards and permits)
• Illegal activity on the premises
• Tenant refuses to sign a reasonable new lease when the old one expires
• Property no longer operates as rental housing (such as withdrawing from the rental market, following legal protocols)

If your landlord is trying to evict for a reason not listed in the DC law, you may have a strong defense.

Required Notices and Tribunal

Your landlord must give you proper written notice before starting any eviction case in DC. Only the DC Superior Court Landlord and Tenant Branch can approve and enforce an eviction—self-help (like changing your locks) is illegal.

Official Forms Used in District of Columbia Eviction Cases

• Notice to Cure or Vacate (Form LTB-007): Used when a tenant has allegedly violated the lease (such as having an unauthorized pet). The landlord gives this written notice, allowing time to correct ("cure") the violation or move out before starting an eviction. LTB-007 download and instructions.
• Complaint for Possession of Real Property (Form LTB-001): The official form the landlord files with the DC Superior Court to begin an eviction lawsuit. LTB-001 download and info.
• Answer to Complaint for Possession (Form LTB-002): Tenants use this form to respond to the landlord's claims, raise defenses, or tell their side to the court. LTB-002 details.

After receiving any court papers, tenants should respond quickly—missing deadlines can result in an automatic eviction judgment.

Common Tenant Defenses to Eviction

Even if your landlord has started the eviction process, you may have legal defenses available. Here are some of the most commonly recognized defenses in DC:

• The landlord did not provide a proper written notice as required by law
• The landlord does not have a legal "just cause" for eviction
• You offered full rent payment before the court hearing (in many cases this stops the eviction for nonpayment)
• Your rent increases or charges are not permitted under rent control rules or legal requirements
• The unit is uninhabitable due to serious repair issues, and the landlord failed to fix them
• Landlord is retaliating against you for making a complaint or joining a tenant association

What Happens in DC Superior Court?

All eviction cases go through the Landlord and Tenant Branch of DC Superior Court. You have the right to defend your case and to seek help from court-based legal services. If the court rules in the landlord's favor, only a U.S. Marshal can enforce any eviction order—never your landlord personally.

FAQ: DC Eviction Rules and Tenant Rights

1. Can my landlord evict me without a court order in the District of Columbia?
   No. Landlords must obtain a court judgment from the Landlord and Tenant Branch before any eviction can happen.
2. How much notice does my landlord have to give me?
   The required notice depends on the reason. For nonpayment of rent, usually 30 days. Lease violations differ; always check the specific notice type.
3. If I pay my overdue rent, can I stop an eviction?
   In many cases, if you pay all owed rent before the court hearing, the eviction for nonpayment may be stopped.
4. What if my apartment needs repairs or is unsafe?
   Serious repair issues may be a defense against eviction. You can raise this issue in court or call the DC Department of Buildings for an inspection.
5. How do I respond to an eviction lawsuit?
   Fill out the Answer to Complaint for Possession (LTB-002) and file it with the DC Superior Court before your hearing date.

Conclusion and Key Takeaways

• Landlords in DC can only evict for legal reasons (just cause) and must follow strict notice and court procedures.
• Tenants have several defenses, including improper notice, lack of just cause, or serious repair issues.
• Always read any court papers carefully and respond promptly using official court forms to protect your rights.

Knowing your rights under DC's rental housing laws gives you more control and can help you stay housed.

Need Help? Resources for Renters

• DC Superior Court Landlord and Tenant Branch – official info and forms
• Office of the Tenant Advocate (OTA) – tenant counseling, legal referrals, rent control guidance
• DC Housing Assistance & Eviction Prevention – programs for emergency help
• District of Columbia Rental Housing Act – full legislation

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1. See: District of Columbia Rental Housing Act of 1985 (D.C. Official Code § 42-3505.01 et seq.)
2. All eviction procedures and forms: DC Superior Court Landlord and Tenant Branch
3. Repair rights and tenant defenses: DC Office of the Tenant Advocate

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