D.C. Mun. Regs. tit. 14, § 4300
4300.1 Except as provided by § 4300.2, a tenant of any rental unit covered by the Act, as provided in § 4100.3, shall not be evicted from the rental unit except for:
4300.2 Nothing in this section, § 4301, or § 4302 shall apply to the eviction of a tenant:- (a) In an action brought in accordance with the Residential Drug-related Evictions Re-enactment Act of 2000 (D.C. Law 13-172; D.C. Official Code §§ 42-3601 et seq.); or
- (b) For the purpose of converting the rental unit or housing accommodation to condominium or cooperative housing use, which is subject to the requirements of the Conversion of Rental Housing to Condominium or Cooperative Status Act of 1980 (D.C. Law 3-86; D.C. Official Code §§ 42-3402.01 et seq.) and § 4705 of this title.4300.3 The expiration of the term of a lease for a rental unit covered by the Act shall not, by itself, entitle a housing provider to evict a tenant from the rental unit.4300.4 No action or proceeding to evict a tenant shall be filed by a housing provider:- (a) Until the expiration of the time required for the grounds for eviction being sought by the applicable subsections of § 501(a-1) through (i) of the Act (D.C. Official Code § 42-3505.01(a-1)-(i)) and unless stated in a notice served in accordance with this section, § 4301, or § 4302; and
- (b) Unless the subject rental unit is registered in accordance with § 4101 of this title and the housing provider has a current, valid business license in accordance with § 200 of this title and D.C. Official Code § 47-2851.03(a)(6)(B); provided, that:
- (1) The license requirement may be waived by the court if the housing provider 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;
- (2) The registration requirement may be waived by the court if the license requirement has been waived under paragraph (1) and the lack of a license prevented the housing provider from meeting the registration requirement in § 4102.5 of this title; and
- (3) The license and registration requirements of this paragraph shall not apply to complaints involving subtenants only if the action is filed by a sublessor who is a residential tenant against a subtenant.
4300.5 A notice that a housing provider intends to file a claim for possession of a rental unit because of the nonpayment of rent pursuant to § 501(a-1) of the Act (D.C. Official Code § 42-3505.01(a-1) (“Notice of Intent to File a Claim”) shall not be served on a tenant if the amount of unpaid, past due rent is less than six hundred dollars (\$600).4300.6 A housing provider shall not file an action in court to evict a tenant for nonpayment of rent until at least thirty (30) days after the date of service of a Notice of Intent to File a Claim that complies with § 4300.7.4300.7 In order to be valid, a Notice of Intent to File a Claim shall state:- (a) The total amount of rent owed as of the date of the notice;
- (b) The date of the rent charges and payments, if any, for the period of delinquency, in a ledger included in or attached to the notice;
- (c) That the housing provider may file a case in court to evict the tenant thirty (30) days after the service of the notice if the balance of unpaid rent remains \$600 or more;
- (d) That the housing provider may not file a case in court to evict the tenant if the balance of unpaid rent is less than \$600, but may otherwise notify the tenant of the debt;
- (e) That the tenant has the right to defend against an eviction in court and only the court can order the tenant’s eviction;
- (f) That, after a claim for possession based on non-payment of rent is filed in court, the tenant has the right to remain in the rental unit if the tenancy is redeemable and the total balance of unpaid rent is paid in full before the court orders the tenant’s eviction; and
- (g) That further help or free legal services may be available by contacting the Office of the Tenant Advocate at (202) 719-6560 or the Landlord Tenant Legal Assistance Network at (202) 780-2575.4300.8 Any notice served on a tenant for any reason other than the nonpayment of rent shall also be filed with the Rent Administrator, in accordance with § 3901, no later than five (5) business days after service on the tenant and shall include a certification of how the tenant was served in accordance with § 4300.25 (personal service, substitute service, or posting). The Rent Administrator shall review each notice promptly and may:- (a) Issue an order disapproving the notice if he or she finds that the notice is
defective on its face or in conjunction with any supporting documentation;
(b) Issue a show cause order in accordance with § 3926 if he or she finds substantial grounds to believe that a possible violation of the Act or this chapter has occurred; or
(c) Take no action; provided, that inaction shall not constitute a determination regarding the validity of a notice.
4300.9 A tenant may be evicted pursuant to § 501(b) of the Act (D.C. Official Code § 42-3505.01(b)) for the reason that the tenant is violating an obligation of tenancy, as defined in § 4301.2, only if the tenant is notified in writing of and is given the opportunity to correct the violation, in accordance with § 4301 of this chapter.
4300.10 A tenant may be evicted pursuant to § 501(c) through (i) of the Act (D.C. Official Code § 42-3505.01(c)-(i)) for one of the reasons provided in those subsections only if the tenant is served with a written notice that meets each requirement listed in § 4302 of this chapter that applies to type of eviction being sought.
4300.11 A housing provider shall not serve a notice pursuant to § 501(c) of the Act (D.C. Official Code § 42-3505.01(c)) (illegal act within premises) until a court of competent jurisdiction has made a final determination that a tenant has performed an illegal act within the rental unit or housing accommodation occupied by the tenant, no appeal is pending, and the time for appeal has expired.
4300.12 Any notice that seeks to evict a tenant pursuant to § 501(d) or (e) of the Act (D.C. Official Code § 42-3505.01(d) or (e)) (housing provider's or purchaser's personal use and occupancy), when filed with the Rent Administrator, shall be accompanied by an affidavit stating that the housing provider or the purchaser, as applicable, intends in good faith to take possession only for the immediate and personal use and occupancy of the rental unit by the housing provider or purchaser as his or her primary residence and that he or she will not demand or receive rent for the unit from any person for twelve (12) months from the date he or she recovers possession of the unit from the tenant. Separate affidavits shall be filed containing the statements of both the housing provider and purchaser for any notice filed pursuant to § 501(e) (D.C. Official Code § 42-3505.01(e)). "Personal use and occupancy" may include family or other individuals cohabitating with the housing provider or purchaser but does not include family or other individuals residing in the housing accommodation without the housing provider or purchaser.
4300.13 A housing provider shall not serve a notice pursuant to § 501(e) of the Act (D.C. Official Code § 42-3505.01(e)) (purchaser's personal use and occupancy) until the housing provider has given the tenant the opportunity to purchase provided by the
Tenant Opportunity to Purchase Act of 1980 (D.C. Law 3-86; D.C. Official Code §§ 42-3404.01 et seq.) (“TOPA”), if required.
4300.14 A housing provider shall not serve a notice pursuant to §§ 501(f), (g), (h) or (i) of the Act ((D.C. Official Code § 42-3505.01(f), (g), (h), or (i)) based on the plans or intent of a purchaser, or other future housing provider, of a rental unit or housing accommodation to alter or renovate, demolish, substantially rehabilitate, or discontinue rental housing use of the rental unit or housing accommodation. For example, a housing provider shall not evict tenants because the housing provider has initiated the sale of a housing accommodation to another housing provider who intends to demolish the accommodation.
4300.15 A housing provider shall not serve a notice pursuant to § 501(f) of the Act (D.C. Official Code § 42-3505.01(f)) (unsafe alterations or renovations) without the prior approval of the Rent Administrator, granted through an approved application filed in accordance with that subsection.
4300.16 Any notice that seeks to evict a tenant pursuant to § 501(g) of the Act (D.C. Official Code § 42-3505.01(g)) (demolition), when filed with the Rent Administrator, shall be accompanied by a copy of the demolition permit issued by the Department of Buildings and a certification that the tenant has been given the opportunity to purchase provided by TOPA, if required.
4300.17 A housing provider shall not serve a notice pursuant to § 501(h) of the Act (D.C. Official Code § 42-3505.01(h)) (substantial rehabilitation) without the prior approval of the Office of Administrative Hearings granted through a substantial rehabilitation petition, filed in accordance with § 4212 of this title.
4300.18 Any notice that seeks to evict a tenant pursuant to § 501(i) of the Act (D.C. Official Code § 42-3505.01(i)) (discontinuance of use), when filed with the Rent Administrator, shall be accompanied by a certification that the tenant has been given the opportunity to purchase provided by TOPA, if required, and a statement, on a form published by the Rent Administrator, that includes general information about the housing accommodation, including the address and number of rental units, the reason for the discontinuance of use, and any future plans for the property.
4300.19 The displacement of a tenant by administrative order due to unsafe premises shall suspend the tenant’s obligation to pay rent but shall not terminate a lawful tenancy unless and until the unit has been offered for reoccupation to the tenant and the tenant has waived that right. Termination of the tenant’s occupancy of the premises shall be carried out in accordance with § 103 of this title, § 108 of the District of Columbia Property Maintenance Code (12-G DCMR § 108), and § 501(n) of the Act (D.C. Official Code § 42-3505.01(n)).
4300.20 For the purposes of this section, the “opportunity to purchase provided by TOPA” shall mean the provision of the required, bona fide offer of sale by the housing provider and the expiration of the applicable time for the tenant(s) or an assignee to submit a statement of interest. If a statement of interest is submitted in accordance with TOPA, the housing provider shall not serve a notice to vacate until the applicable negotiation period has expired or good faith negotiations have ceased. If the housing accommodation is eligible for purchase under the District Opportunity to Purchase Amendment Act of 2008 (D.C. Law 17-286; D.C. Official Code § 42-3404.31 et seq.), the housing provider shall not serve a notice to vacate until the time for the Mayor or an assignee to submit a statement of interest, and, if submitted, the time to negotiate a contract of sale, has or have expired.
4300.21 In addition to any other remedies provided by law, a tenant may file a tenant petition in accordance with § 4214.9(a) to complain of and seek relief for any violation of this section, including compliance with the requirements of §§ 4301 or 4302.
4300.22 Any notice required to be served on a tenant under this section, § 4301, or § 4302 shall be written in:
(a) Both English and Spanish; and
(b) The tenant’s primary language if the housing provider knows or reasonably should know that the tenant’s primary language is one that is required pursuant to D.C. Official Code § 2-1933(a).
4300.23 The Commission shall publish an annual notice of languages that it determines are required for the purposes of § 4300.22(b) in the District of Columbia Register and on its website prior to February 1 of each year, based on the most current then-available data indicating that at least 500 individuals in the District of Columbia who are limited-English proficient or not English proficient and primarily speak a particular language.
4300.24 In determining whether a housing provider reasonably should have known that a tenant primarily speaks a language covered by § 4300.22(b), it shall be relevant to a finder of fact, among all other relevant facts, whether:
(a) The tenant made specific requests for interpretation or translation of documents into a covered language;
(b) The tenant, a person assisting the tenant with communications, or an electronic device used by the tenant clearly indicated that the tenant was
using a covered language to communicate; or
(c) The housing provider made, and whether the tenant in question responded to, good faith efforts to determine the primary languages spoken by its tenants generally, which may include:
(1) Signed written leases or lease addendums provided in covered languages; or
(2) The distribution of “I speak” cards as published by the Office of Human Rights or similar materials.
4300.25 For the purposes of this section, § 4301, and § 4302, service of a required notice upon any person (other than the Rent Administrator) shall be completed:
(a) By delivering a copy of the notice to the tenant personally, or, if the tenant has left the District of Columbia or cannot be found, by leaving a copy with some person above the age of sixteen (16) years residing on or in possession of the subject rental unit; or
(b) If, after diligent and conscientious efforts, service cannot be completed under paragraph (a), by both:
(1) Posting a copy of the notice on the premises of the rental unit where it may be conveniently read and capturing timestamped, photographic evidence of the posting for the housing provider’s records; and
(2) Mailing a copy of the notice to the tenant by first class U.S. mail, postage prepaid, to the rental unit, addressed in the name of the tenant or, if unknown, the name of the person occupying the rental unit, within three (3) calendar days of the posting.
4300.26 For the purposes of § 4300.25, “diligent and conscientious efforts” may include at least two separate attempts at personal service conducted at two different times of day, if each attempt is made at a location and time where the housing provider reasonably believes that the tenant is likely to be found. If the housing provider has reason to know that the tenant will not be found at the rental unit, then such attempts at personal service must be made after reasonable efforts to use readily available information to locate the tenant. Such attempts at personal service shall not be required if the housing provider knows of particular circumstances that would make any attempt futile.
SOURCE: Notice of Final Rulemaking published at 33 DCR 1336, 1418-1419 (March 7, 1986); as amended by
Final Rulemaking published at 68 DCR 012634 (December 3, 2021); as amended by Final Rulemaking published at 70 DCR 001710 (February 3, 2023); as amended by Final Rulemaking published at 72 DCR 011094 (October 10, 2025).