Giving notice is the first step in the eviction process. In The District of Columbia, the Department of Housing and Community Development’s Rental Accommodation Division (RAD) oversees rental housing. District law requires landlords to register as Housing Providers, whether or not their units are rent-controlled.
This 30 Day Notice to Vacate for Illegal Activity (RAD Form 11) is used in cases in which the tenant or other unit occupant has performed an illegal act at the unit and only when there is no pending criminal court appeal in the case or the deadline for an appeal has passed.
The tenant may be evicted only is he or she knew or should have known that an illegal act has occurred. In certain cases, such as when the tenant was a victim and can demonstrate that with police paperwork, the court may not approve an eviction judgement.
Landlords must fill in all required sections of the 30 Day Notice to Vacate for Illegal Activity, including a description of the illegal act, and attach a copy of the final disposition of the case from the court. The tenant is warned that he or she has until midnight on the last day of the notice to move out or be sued for eviction by the landlord. The RAD requires the landlord to file this 30 Day Notice to Vacate for Illegal Activity with the court within 5 days of it being given to the tenant.
This 4-page form must be downloaded, filled out, and signed by the landlord. If further court action is sought by the landlord, the court will require proof that this 30 Day Notice to Correct or Vacate has been properly served. To obtain that proof, the landlord must be sure that the last pages of the form (Certificate of Service) are filled out, signed and notarized by the process server.
Visit the District of Columbia’s Website for further information.