If your landlord has sued you in Landlord and Tenant Court, you can ask the court to allow you to pay your rent into the registry of the court until the case is over. Either party may request a protective order. If the protective order is not entered by consent of both parties, the court will determine the amount of money that should be paid each month, which usually is the amount of the monthly rent. A defendant may request that the court reduce the amount of the protective order based on housing code violations. If a defendant makes this request, the court may continue the case for the parties to present evidence at a hearing called a Bell Hearing.
You may contact the Clerk's Office to determine your next steps in rescheduling your hearing.
You must use normal landlord and tenant eviction procedures. Let the clerk know that it is a "drug haven" case. This type of case is heard on an expedited basis.
A money judgment may be entered: (1) by consent of the parties; (2) on the defendant's confession of liability before the court; (3) by summary judgment in favor of the plaintiff or defendant; (4) at the conclusion of a trial or other hearing, (5) by default if certain requirements are met. See Super. Ct. L&T Rule 14. The court may also enter a money judgment if plaintiff's process server personally served the defendant with the complaint and summons or if defendant has asserted a counterclaim. See Super Ct. L&T Rule 3 and 14. In all cases, a party may be required to comply with certain requirements under the Debt Collection Statute, DC Code 28-3814 in order to obtain a money judgment. Parties seeking a money judgment should contact the Landlord and Tenant Legal Assistance Network or consult with an attorney on the complete requirements to obtain a money judgment in landlord and tenant court.
You must file a Disbursement Order Request form with the clerk's office at 5000 Indiana Ave NW, Suite 5000, Washington DC or electronically on eFILEDC. There is no filing fee for this form.
Contact the landlord for consent to make a late payment. If the landlord will not agree, file a motion in the Landlord and Tenant Clerk's Office to make a late protective order payment. The cost is $10
If the judgment is unrecorded (that is, not recorded with the DC Recorder of Deeds) you have three years, and if the judgment is recorded, you have twelve years. Ask the clerk in the DC Recorder of Deeds Office about recording the money judgment. The number for the DC Recorder of Deeds (located within the DC Office of Tax and Revenue) is (202) 727-5374. The Recorder's Office is located at 1101 4th St SW, Washington, DC 20024
You can file an Application to Proceed without Prepayment of Costs in the Landlord and Tenant Clerk's Office. You will be required to provide information about your income and expenses, and a judge will review the application to see if you qualify.
You must use court process to evict the tenant. To do this, you must wait at least forty-eight hours after entry of a judgment or a default before you return to the Landlord and Tenant Clerk's Office to file a writ of restitution, which orders the eviction of the tenant. If you have a "default," you must turn the "default" into a "judgment" by filing a Servicemembers affidavit with the court certifying that the tenant is not on active duty with the military or other government service. The filing fee for the writ is $213 (clerk's fee is $10, US Marshals Service fee is $195 and the US Marshals Administrative Fee is $8). If you received a judgment (rather than a default), you are not required to file the Servicemembers affidavit.
If a landlord fails to make repairs after a tenant notifies the landlord about the need for repairs, the tenant has several options. A tenant may sue their landlord for DC Housing Code violations by filing a complaint and summons with the Civil Actions Branch Clerk's Office, Moultrie Courthouse, Room 5000. Tenants may have other legal options in the District of Columbia Superior Court, such as filing a lawsuit in another branch of the court (such as the Civil Actions Branch or Small Claims) requesting a court order for repairs to be made or seeking damages against the landlord for not making repairs. If the landlord has sued the tenant for unpaid rent in the Landlord and Tenant Court, the tenant may raise these repairs as a defense to the lawsuit by telling the judge about these problems. The tenant could also include repairs in an agreement that settles a Landlord and Tenant lawsuit. Depending on your circumstances, you may have other options that are not listed here. If you are not sure what the best option is, you should seek legal advice from a private lawyer, Rising for Justice, the Landlord and Tenant Legal Assistance Network, and the Landlord and Tenant Resource Center or another organization in order to protect your legal rights.