District of Columbia eviction notice and late fee rules

Notice for unpaid rent

10 days — The housing provider must give notice of intent to file for possession for nonpayment at least 10 days before filing, and may not issue that notice if the unpaid rent is less than $600.

Ending a month-to-month tenancy

A month-to-month residential tenancy may be terminated by a 30-day written notice only from the tenant to the housing provider, expiring on the first day of the first month at least 30 days after the notice.

Late-fee limit

A housing provider may charge a late fee of no more than 5% of the full amount of rent due.

Grace period before a late fee

A late fee may be charged only if the written lease states the maximum late fee and the tenant has not paid the full rent within 5 days (or any longer grace period in the lease) after the due date.

Notice for unpaid rent

The housing provider must give notice of intent to file for possession for nonpayment at least 10 days before filing, and may not issue that notice if the unpaid rent is less than $600.

“A housing provider shall provide the tenant with notice of the housing provider's intent to file a claim against a tenant to recover possession of a rental unit for the non-payment of rent at least 10 days before filing the claim; except, that the housing provider shall not issue such notice if the amount of rent that the tenant has failed to pay is less than $600.”
D.C. Code § 42-3505.01(a-1)(1)

The statutory notice language that must be given to the tenant states that the housing provider may file for eviction if at least $600 is owed and the balance is not paid in full within 30 days of the notice. This 30-day figure in the required notice text differs from the 10-day pre-filing period in § 42-3505.01(a-1)(1); both appear in the official code text.

“[Name of housing provider] has the right to file a case in court seeking your eviction if the amount of rent you owe is equal to at least $600 and you do not pay the balance of unpaid rent in full within 30 days of this notice.”
D.C. Code § 42-3505.01(a-1)(2)

A complaint for possession for nonpayment of rent may not be filed for an amount less than $600.

“A person aggrieved shall not file a complaint seeking restitution of possession pursuant to this section for nonpayment of rent in an amount less than $600.”
D.C. Code § 16-1501(b)

Paying to stop an eviction

The required nonpayment notice tells the tenant they have the right to remain in the unit if the total unpaid rent balance is paid in full.

“You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full.”
D.C. Code § 42-3505.01(a-1)(2)

Notice for other lease violations

A housing provider may recover possession when the tenant violates an obligation of the tenancy other than rent and fails to correct the violation within 30 days after receiving notice.

“A housing provider may recover possession of a rental unit when the tenant is violating an obligation of the tenancy, other than nonpayment of rent, and fails to correct the violation within 30 days after receiving notice from the housing provider.”
D.C. Code § 42-3505.01(b)

Ending a month-to-month or other periodic tenancy

A month-to-month residential tenancy may be terminated by a 30-day written notice only from the tenant to the housing provider, expiring on the first day of the first month at least 30 days after the notice.

“A residential tenancy from month-to-month may be terminated by a 30-day notice in writing only from the tenant to the housing provider of the tenant's intention to quit. The notice shall expire on the first day of the first month at least 30 days after the date of the notice.”
D.C. Code § 42-3505.54(a)

Just cause and good cause

No tenant may be evicted, even after the lease expires, so long as the tenant continues to pay the rent to which the housing provider is entitled, except as provided in the section; nonpayment of a late fee may not be the basis for eviction.

“Except as provided in this section, no tenant shall be evicted from a rental unit, notwithstanding the expiration of the tenant's lease or rental agreement, so long as the tenant continues to pay the rent to which the housing provider is entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for an eviction.”
D.C. Code § 42-3505.01(a)(1)

Retaliation

No housing provider may take retaliatory action against a tenant who exercises any right under the chapter or any other provision of law.

“No housing provider shall take any retaliatory action against any tenant who exercises any right conferred upon the tenant by this chapter, by any rule or order issued pursuant to this chapter, or by any other provision of law.”
D.C. Code § 42-3505.02(a)

Retaliation is presumed, and judgment entered for the tenant unless the housing provider rebuts it by clear and convincing evidence, if within the preceding 6 months the tenant engaged in one of the listed protected activities.

“the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant’s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider’s action, the tenant:”
D.C. Code § 42-3505.02(b)

What the notice must say and how it is delivered

The nonpayment notice must be sent by certified mail (or tracked delivery service) with return receipt requested, and also hand-delivered to the unit or posted on its front door.

“(A) By certified mail or delivery service providing delivery tracking confirmation, return receipt requested; and (B) By hand delivery to the rental unit or by posting on the front door of the rental unit.”
D.C. Code § 42-3505.01(a-1)(3)

Court deadlines and the eviction case

A complaint for possession may not be filed without a valid rental registration or claim of exemption and a current rental housing license.

“A person aggrieved shall not file a complaint seeking restitution of possession pursuant to this section without a valid rental registration or claim of exemption pursuant to § 42-3502.05, and a current license for rental housing issued pursuant to § 47-2828(c)(1), as certified at the time of filing and documented at the initial hearing.”
D.C. Code § 16-1501(c)(1)

Late fees and grace periods

A housing provider may charge a late fee of no more than 5% of the full amount of rent due.

“Pursuant to subsection (b) of this section, a housing provider may charge a late fee of no more than 5% of the full amount of rent due by a tenant.”
D.C. Code § 42-3505.31(a)

A late fee may be charged only if the written lease states the maximum late fee and the tenant has not paid the full rent within 5 days (or any longer grace period in the lease) after the due date.

“(1) If the written lease agreement between the housing provider and the tenant informs the tenant of the maximum amount of the late fee that may be charged pursuant to this section; and (2) If the tenant has not paid the full amount of rent within 5 days, or any longer grace period that may be provided in the lease, after the day the rent payment is due.”
D.C. Code § 42-3505.31(b)

A housing provider may not charge interest on a late fee, deduct a late fee from a later rent payment, impose more than one late fee per late payment, or evict for nonpayment of a late fee.

“(1) Charge interest on a late fee; (2) Deduct any amount of a late fee from a subsequent rent payment; (3) Impose a late fee more than one time on each late payment; (4) Evict a tenant on the basis of the nonpayment of a late fee; or”
D.C. Code § 42-3505.31(c)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the District of Columbia rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in District of Columbia have to give for unpaid rent?

The housing provider must give notice of intent to file for possession for nonpayment at least 10 days before filing, and may not issue that notice if the unpaid rent is less than $600. (D.C. Code § 42-3505.01(a-1)(1)).

How much notice is needed to end a month-to-month tenancy in District of Columbia?

A month-to-month residential tenancy may be terminated by a 30-day written notice only from the tenant to the housing provider, expiring on the first day of the first month at least 30 days after the notice. (D.C. Code § 42-3505.54(a)).

Is there a limit on rent late fees in District of Columbia?

A housing provider may charge a late fee of no more than 5% of the full amount of rent due. (D.C. Code § 42-3505.31(a)).