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.
You can ask the court to stop the eviction by filing an Application to Stay Execution of the Writ of Restitution in the Landlord and Tenant Clerk's Office. If the reason the landlord sued you is because you owe rent, you can avoid eviction by paying the landlord all of the rent and court costs that you owe as of the day the you make the payment. (This includes the rent that has come due since the time the landlord filed the lawsuit.) If you bring your account current with the landlord, the landlord cannot evict you unless he or she brings a new lawsuit.
If you are already involved in a non-payment of rent case in Landlord and Tenant, you can file a counterclaim to collect money from your landlord for part or all of the rent that you paid in the past when the apartment or house was in need of repair. You can also collect money to reimburse you for the costs of repairs that you have personally made to the apartment or house. Other suits for damages for personal injuries or damage to a tenant's personal property must be filed in the Small Claims and Conciliation Branch, 510 4th Street, NW, Building B, Room 120 if the amount is $10,000 or less. Suits for damages more than $10,000 must be filed in the Civil Actions Branch, Room 5000 in the Moultrie Courthouse.
If you do not believe that you should be evicted, you can come to court immediately and file an Application to Stay Execution of the Writ of Restitution in the Landlord and Tenant Clerk's Office. You may also want to file a motion to ask the court to vacate the judgment so that you can present defenses you have to the case. There is no cost for the application.
The response there states: If you lost the case, you can appeal to the Court of Appeals. To start the appeal, you must file a Notice of Appeal within 30 days after the docketing date of the judgment order. The form can be found on the court's website. If you lost the case and the judgment was issued by a magistrate judge, you must file a motion for review in the Civil Division - not in the D.C. Court of Appeals. The motion for review must be filed within 14 days after entry of the magistrate judge's decision. See Super. Ct. Civ. R. 73. If you want to appeal an order in a small claims case, you must file an Application for an Allowance of Appeal within three days of the date of the court's decision. If the court's order was mailed , you have eight days to file. (This last section regarding appeal of a small claims decision may belong in its own small claims section, if the CAB, L&T, and Small Claims case types are going to categorized separately.)
If your case does not settle, the judge may select a form of alternative dispute resolution (ADR) by which parties may resolve their dispute without going to trial. Learn more about ADR and mediation in general on the DC Court website.
Whether remote or in-person, the judge makes important announcements about what will happen in court and the parties' rights. After these announcements, the courtroom clerk calls roll and parties must answer that they are "present" and state their names. Failure of plaintiff participation may result in a default.
A judgment for possession of real property against the defendant gives the plaintiff the right to file a writ of restitution, which is a court document authorizing the eviction of the defendant under the supervision of the United States Marshals Service.
If the landlord sues the tenant for possession because the tenant owes rent, the landlord can also request that the tenant be required to pay the back rent and any other monies due, such as late fees. If the landlord makes this kind of request, he or she is asking for a money judgment.
In civil matters, a money judgment is a final disposition of a lawsuit with a monetary compensation.
The initial scheduling conference is the first formal hearing before the assigned judge that presents the parties with an opportunity to try and settle their case. Further, if a case does not settle, the case is placed on a track and a number of deadlines are set to complete certain events. Generally held remotely unless otherwise directed by a judge.