Grace period, late fee cap, and pay-or-quit notice rules , D.C. Code § 42-3505.01(f)
In the District of Columbia you cannot go straight from a missed payment to a court filing. Before a housing provider can file to recover possession for nonpayment of rent, D.C. Code § 42-3505.01(a-1) requires a written notice giving the tenant at least 30 days to pay the full balance. Two features make DC stricter than the old common-law demand for rent: the notice is mandatory, and it can only be issued when the tenant owes at least $600. Fall below either threshold and any eviction case built on the notice is exposed.
This page covers the day count, the dollar floor, what the notice must say, how it has to be delivered, and the cure rights that let a tenant stop the eviction by paying.
Under D.C. Code § 42-3505.01(a-1)(1), a housing provider must give the tenant notice of intent to file for possession for nonpayment at least 30 days before filing the claim. Crucially, the same provision bars issuing the notice at all if the unpaid rent is less than $600. That $600 floor is both a notice threshold and a filing threshold: you cannot lawfully start the nonpayment eviction track over a smaller arrears balance, no matter how many months it has lingered.
The 30 days run before you may file, and they double as the tenant's window to cure. If the balance is paid in full within that period, the ground for eviction disappears. Only after 30 days have passed and at least $600 remains unpaid may you file in the D.C. Superior Court, Landlord and Tenant Branch.
A bare demand for money will not survive. The notice, issued on the District's RAD Form 10 (Notice of Nonpayment of Rent and Possible Eviction), must set out the specifics the statute requires:
Using the current RAD Form 10 is the safest path, because it is built to carry each required element. Omitting the ledger, the right-to-remain language, or the advocacy contacts gives a tenant a clean procedural defense.
Service is where otherwise valid notices fail. DC accepts several methods, but they follow an order of preference:
The notice must be provided in English and Spanish regardless of the tenant's language, and in the tenant's primary language if the provider knows it is something other than English or Spanish. Keep proof of how and when you served it; a certificate of service documenting the date and method is what carries the notice through to a court filing.
The 30-day window is a genuine right to cure. If the tenant pays the full unpaid balance within 30 days of the notice, the tenant keeps possession and the nonpayment case cannot proceed. Partial payment that leaves the balance at $600 or more does not by itself defeat the notice, but it changes the numbers you must be able to prove.
Filing the notice with the Rental Accommodations Division (RAD) at DHCD is optional for a nonpayment notice. If you do file it, submit it within 5 days of service together with a certificate of service showing the date and method. Whether or not you file with RAD, retain the served notice and proof of service - you will need them to prove up the case in the Landlord and Tenant Branch.
No general federal statute sets a pay-or-quit notice period for ordinary private DC tenancies - that is governed by DC law. The federal 30-day nonpayment notice under the CARES Act reaches only properties with federally-backed mortgages or federal subsidy. In February 2026, HUD moved to rescind its own 30-day notice rule for Public Housing and Project-Based Rental Assistance units, but it delayed the effective date and converted the change to a proposed rule, so that federal 30-day notice remains in force for now.
For a standard private rental in the District, none of that changes the local requirement: the DC 30-day notice and the $600 floor under § 42-3505.01(a-1) still control. Where a unit is federally subsidized, apply whichever notice is longer and confirm the program's own current requirements before serving.
Once rent is late and the 5-day grace period has expired, the landlord must serve a formal 30-day pay-or-quit notice (D.C. Code § 42-3505.01) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in District of Columbia court.
This page summarizes the District of Columbia's nonpayment notice requirements under D.C. Code § 42-3505.01(a-1) and the DHCD Rental Accommodations Division's RAD Form 10 procedures, current as of 2026. It is general information for housing providers, not legal advice. Notice periods, the $600 threshold, and service rules can change, and subsidized or rent-controlled units may carry additional requirements. Confirm the current statute and, for federally assisted units, the applicable federal rule, or consult a DC landlord-tenant attorney before serving notice or filing in the Superior Court Landlord and Tenant Branch.
At least 30 days. Under D.C. Code § 42-3505.01(a-1), a housing provider must serve a written nonpayment notice giving the tenant at least 30 days to pay the full balance before filing to recover possession.
Yes. The notice may not be issued if the unpaid rent is less than $600. That $600 floor also caps when you can file - you cannot pursue a nonpayment eviction for a smaller balance.
Yes. If the tenant pays the total unpaid balance in full within the 30-day window, the tenant has the right to remain and the nonpayment case cannot go forward. This right to cure must be stated in the notice itself.
By personal service on the tenant, substitute service on a person of suitable age at the unit, posting on the premises followed by first-class mail within 3 days, or certified/registered mail with return receipt. The notice must be in English and Spanish, and in the tenant's known primary language if it is another language.
It must state the total rent owed, include a ledger of charges and payments, tell the tenant they may remain if the balance is paid in full, state that eviction may be filed only if at least $600 is owed and unpaid after 30 days, and provide tenant advocacy contact information. DC's RAD Form 10 is built to carry these elements.
No. Filing a nonpayment notice with the Rental Accommodations Division is optional. If you choose to file it, submit it within 5 days of service with a certificate of service. Either way, keep the notice and proof of service for the court case.
Data sourced from District of Columbia published statutes (D.C. Code § 42-3505.01), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated July 14, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.
