Seals of the Court of Appeals and Superior Court
District of Columbia Courts

What should I do if the case settles before the court date?

If the parties reach an agreement or settlement out of court prior to the court date, the plaintiff must file a praecipe (an official form used to request the clerk or court to perform an act) asking the Court to dismiss the statement of claim and mark the case as settled. If the defendant has filed a counterclaim or other action, the defendant must also file a praecipe to dismiss his or her claim and mark the case as settled. The parties may also file their settlement agreement with the Court. Praecipes are available in the Small Claims Clerk’s Office or on the internet at http://www.dccourts.gov/dccourts/superior/civil/forms.jsp.

What types of cases are filed in the Civil Clerk's Office and what are the filing fees?

"Civil law suits where the monetary amount exceeds $10,000 and cases where parties are requesting equitable relief (e.g., temporary restraining order or injunctive relief) are filed in the Civil Clerk's Office, Room 5000, in the Moultrie Courthouse.

The filing fee for a new complaint is $120.
Temporary Restraining Order: $160
Petition to Change Name: $60
Petition to Amend Birth Certificate: $60
Merit Personnel Action: $60

All filing fees must be paid by cash, certified check, credit card (America Express, Discover, Visa, or MasterCard) or money order, made payable to: Clerk, D.C. Superior Court." (Only members of the D.C. Bar may pay filing fees by personal check. Bar members should include their bar number on the personal check). These fees are subject to change.

What may the landlord do if the tenant fails to make his or her rental payments according to a settlement agreement?

If the tenant fails to make a payment according to a payment schedule in a settlement agreement, the landlord can file a motion in the Landlord and Tenant's Clerk's office asking that the court enter a judgment so that the landlord can evict the tenant. The cost for the motion is $10.

What will happen if the landlord does not agree on the dates when I can pay the rent, when repairs will be made, or other items?

If you cannot reach an agreement with your landlord, you can ask a court-trained mediator to help you work out an agreement. You also have the right to take your case in front of the judge. The judge cannot force the landlord to accept payment dates or other terms that the landlord does not agree to. But, if you have defenses to the landlord's claims, you can ask the court for a trial. However, if you do not have any defenses, the judge may enter a judgment against you. If you are not sure whether you have defenses, you should talk to an attorney in the Landlord and Tenant Resource Center, Law Students in Court, or another attorney to make sure that you are making the best decision for your case. If you need more time to talk to a lawyer, you can ask the judge for a continuance.

When can I sue in Landlord and Tenant Court?

A landlord or other person can sue in Landlord and Tenant whenever a person or company is in possession of property but does not have a legal right to be there. Tenants may lose their right to possession by failing to pay rent, violating the lease, violating the housing code, running a "drug-haven," or for certain other reasons recognized by the law. Cases can also be filed to evict trespassers, squatters, and others who do not have a legal right to possess the property.

Who can sue in Landlord and Tenant Court?

Only landlords or others who want to evict a tenant or another occupant from their property can sue in Landlord and Tenant Court. A person or company seeking to evict a tenant or other occupant can file a Complaint for Possession in the Landlord and Tenant Clerk's Office. If a landlord only wants to sue for rent or other damages (but not possession of the property), the landlord must bring suit in Small Claims or the Civil Actions Branch. Tenants who wish to sue their landlords must bring suit in Small Claims or the Civil Actions Branch. Tenants with certain kinds of claims against their landlords can also file petitions and request a hearing in the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs (202-442-4610).