Legal Question in Real Estate Law in District of Columbia

Re: Tenant eviction proceedures

It depends on whether a written lease is in effect.

If there is a written lease, notice must be delivered under the terms of the lease. This may be either 3 days, or any number of days specified in the lease.

If there is no lease, or the lease expired, the tenant is a month-to-month tenant. A 30 day notice must be served. However, you must be careful.

Most Courts have held that the 30 day must be a calendar month 30 day. That means if you wanted to evict the tenant, the 30 day notice must be served before November 30, 2000, with a deadline of December 31, 2000. You would have the right to start your summary proceeding (eviction) on January 1, 2001.

Mike.

Re: Tenant eviction proceedures

The process is initiated by service of a 3 day notice in the case of a breach of a written lease. A 30 day notice is served on a tenant with an oral lease "month to month" tenant. A tenant who does not make arrangements to pay back rent, or in the case of a month to month tenant, must then be served with a Notice of Petition and Petition by the landlord, who then files these papers together with the affidavit of service with the Court, which then initiates a "Summary Proceeding" which usually results in a warrant of eviction issued to be served by the sheriff and a judgment for unpaid rent.