Code of the District of Columbia

Chapter 15. Forcible Entry and Detainer.

§ 16–1501. Definition; summons.

(a) When a person detains possession of real property without right, or after his right to possession has ceased, the Superior Court of the District of Columbia, on complaint under oath verified by the person aggrieved by the detention, or by his agent or attorney having knowledge of the facts, may issue a summons in English and Spanish to the party complained of to appear and show cause why judgment should not be given against him for the restitution of possession.

(b) 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. Nothing in this subsection shall prevent the person aggrieved from filing a complaint to recover the amount owed.

(c)(1) 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.

(2) The Court may waive the requirements for a current license for rental housing in this subsection if the person aggrieved can demonstrate that they were unable to obtain or renew a current rental housing license due to extenuating circumstances, including a medical emergency, agency delay, or a circumstance in which a tenant or occupant denies permission for a required pre-license inspection or required repairs.

(3) The requirements of this subsection shall not apply to complaints involving subtenants.

(d) At the initial hearing for any complaint for possession, if the complaint does not allege sufficient facts or the person aggrieved has not produced sufficient documentation to meet all requirements under District law, the Court shall dismiss the complaint.

(e) Subsections (b) and (c) of this section shall not apply to complaints involving commercial tenants.

§ 16–1502. Service of summons.

(a) The summons provided for by section 16-1501 shall be served 30 days, excluding Sundays and legal holidays, before the day fixed for the initial hearing of the action. If the defendant has left the District, or cannot be found, the summons may be served by delivering a copy of the summons to the tenant, or by leaving a copy with some person above the age of 16 years residing on or in possession of the premises, or by posting a copy of the summons on the premises where it may be conveniently read.

(b)(1) If the summons is posted on the premises, a copy of the summons shall be mailed first class U.S. mail, postage prepaid, to the premises sought to be recovered, addressed in the name of the person known to be in possession of the premises, or, if unknown, addressed in the name of the person occupying the premises, within 3 calendar days of the date of posting.

(2) If a summons is served by posting a copy on the premises, a photograph of the posted summons must be submitted to the court. The photograph must have a readable timestamp that indicates the date and time when the summons was posted.

§ 16–1503. Judgment and execution for possession.

When, upon a trial in a proceeding pursuant to this chapter, it appears that the plaintiff is entitled to the possession of the premises, judgment and execution for the possession shall be awarded in his favor, with costs; and if the plaintiff becomes nonsuit or fails to prove his right to the possession, the defendant shall have judgment and execution for his costs.

§ 16–1504. Certification to District Court upon plea of title; undertaking [Repealed]

Repealed.

§ 16–1505. Conclusiveness of judgment.

A judgment of the Superior Court of the District of Columbia in a proceeding pursuant to this chapter is not a bar to any afteraction brought by either party, and does not conclude any question of title between them, where title is not pleaded by the defendants.