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.
Landlord Tenant Matters FAQs
You may access the electronic record of your court case by visiting the Portal at the following link: https://portal-dc.tylertech.cloud/Portal. Case documents are available for view and download from the Portal. You can also view any future hearing dates.
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.
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.
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.
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.
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.
You can file a motion with the court asking the court to enter sanctions against the tenant. The cost for the motion is $10.
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 interest rate on judgments is six percent (6%) for the calendar quarter beginning July 1, 2024 (DC Code §28-3302(c)). Pursuant to DC Code §28-3302(b), this rate does not apply to judgments against the District of Columbia or its employees acting within the scope of their employment. In such situations, the judgment interest rate is 4%. The new interest rate is for post-judgments only. The pre-judgment interest rate is 6% in the absence of an expressed contract specifying otherwise, pursuant to DC Code §28-3302 (a).
What should I bring to my hearing? You should bring any and all information pertaining to your case and your hearing notice, inlcuding but not limited to, case number, personal identification (if not remote) and any evidence that is appropriate for the hearing. Examples of evidence that relate to your case may include: your lease, rent receipts, other receipts, ledgers, photos, emails, complaints, notices to vacate, notices to vacate or correct, notice to quit, nonpayment of rent notice, or anything else that will explain your side of the case.
You can contact the landlord and ask for an extension of time. If you are not able to work something out with the landlord, you can ask the court to give you more time. However, in most cases a judge will not change the dates that payments are due in a written payment plan, even if you have a very good reason for why you cannot pay on time.
"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
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.
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.