Free Washington DC Notice of Past-Due Rent and Intent to File (Nonpayment Pre-Filing Notice)

▶ Watch overview

Washington DC nonpayment pre-filing notice — video overview

A Washington DC notice of past-due rent is the written notice a housing provider must give a tenant at least 10 days before filing a claim for possession for nonpayment of rent, under D.C. Code § 42-3505.01(a-1). It may be issued only when the unpaid rent is at least six hundred dollars. It must state the total rent owed, attach a ledger of rent charges and payments for the period of delinquency, tell the tenant they may stay by paying the balance in full, explain the six-hundred-dollar rule, and give the right-to-defend and free-legal-help language with the Office of the Tenant Advocate and Landlord Tenant Legal Assistance Network phone numbers. It must be sent by certified mail or a tracked delivery service, return receipt requested, and also hand-delivered to the unit or posted on its front door. Many landlords still search for a “30-day notice to pay rent or quit”; that is not the D.C. procedure, and this page replaces it.

▶ Watch: Washington DC nonpayment notice explained

What this notice does

The notice of past-due rent is the District’s required first step before a housing provider asks the Superior Court for possession of a rental unit because rent has not been paid. D.C. Code § 42-3505.01(a-1)(1) says a housing provider “shall provide the tenant with notice of the housing provider’s intent to file a claim against a tenant to recover possession of a rental unit for the non-payment of rent at least 10 days before filing the claim.” Without it, the court may dismiss the claim (§ 42-3505.01(a)(4)(A)).

The notice does four things in one document. First, it states the total amount of rent owed and attaches a ledger. The statute’s own words are that the notice gives “the total amount of rent owed” and that “a ledger showing the dates of rent charges and payments for the period of delinquency is attached.” A total with no ledger, or a ledger that does not add up to the total, does not match what the statute describes.

Second, it tells the tenant how to keep the home. The prescribed wording says: “You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full.” Unlike an old pay-or-quit form, the notice does not order the tenant to deliver possession by a deadline.

Third, it explains the six-hundred-dollar rule. The housing provider may file a case seeking eviction only if the rent owed is at least six hundred dollars and the balance is not paid in full within the time the notice describes. Below that amount, the provider may tell the tenant what is due but cannot file for possession.

Fourth, it tells the tenant about their rights and where to get free help. The notice must say: “You have the right to defend yourself in court. Only a court can order your eviction.” It then gives the Office of the Tenant Advocate (202-719-6560) and the Landlord Tenant Legal Assistance Network (202-780-2575).

The notice is not a lease termination and it is not a court order. If the rent is not paid, the housing provider files a verified complaint for possession in the Landlord and Tenant Branch of the Superior Court; the court decides; and, if the housing provider wins and the tenant does not redeem, the eviction is carried out by the U.S. Marshals Service under a writ of restitution, not by the landlord.

Washington DC legal framework

The nonpayment notice lives in section 501 of the Rental Housing Act of 1985, codified at D.C. Code § 42-3505.01. Subsection (a)(1) sets the baseline: no tenant may be evicted “so long as the tenant continues to pay the rent to which the housing provider is entitled,” the nonpayment of a late fee “shall not be the basis for an eviction,” and no tenant may be evicted “unless the tenant has been served with a written notice which meets the requirements of this section.” Notices for grounds other than nonpayment are also served on the Rent Administrator; a nonpayment notice is not.

The 2025 change. The Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Amendment Act of 2025, D.C. Law 26-80, effective December 31, 2025, struck “at least 30 days” from § 42-3505.01(a-1)(1) and inserted “at least 10 days.” It also added paragraph (a-1)(3), the two-part delivery rule, and changed § 42-3505.01(a)(4) and § 16-1501(d) so the court “may, in its discretion when weighing the prejudice to all parties, dismiss” a defective case instead of being required to dismiss it. It did not change the prescribed notice wording in paragraph (a-1)(2), which still refers to 30 days.

The prescribed wording. Paragraph (a-1)(2) says the notice “shall contain the following or substantively similar language,” and then sets out three short paragraphs: the amount and ledger paragraph, the six-hundred-dollar paragraph, and the right-to-defend and legal-help paragraph. The PDF on this page prints that language word for word, with the amount and the housing provider’s name filled in, rather than paraphrasing it.

The six-hundred-dollar floor appears twice. Section 42-3505.01(a-1)(1) says the housing provider “shall not issue such notice if the amount of rent that the tenant has failed to pay is less than” six hundred dollars. Separately, D.C. Code § 16-1501(b) says a person “shall not file a complaint seeking restitution of possession … for nonpayment of rent in an amount less than” six hundred dollars, while leaving the provider free to sue for the money owed. The D.C. Courts’ Landlord and Tenant Branch page states the same rule: in non-payment cases the back rent due must be six hundred dollars or more.

Filing requirements that sit behind the notice. Under § 16-1501(c), a complaint for possession cannot be filed without a valid rental registration or claim of exemption under § 42-3502.05 and a current rental housing business license under § 47-2828(c)(1), certified at filing and documented at the initial hearing (the court may waive the license requirement for extenuating circumstances). Under § 16-1502(a), as amended by D.C. Law 26-80, the summons must be served at least 14 days before the initial hearing.

Anti-retaliation. D.C. Code § 42-3505.02 bars retaliatory action against a tenant who exercises a legal right. If, within the six months before the housing provider’s action, the tenant made a witnessed or written repair request, contacted District housing officials about code violations, lawfully withheld rent after notice of a housing-code violation, took part in a tenant organization, tried to enforce lease rights, or sued the housing provider, the court presumes retaliation unless the housing provider rebuts it by clear and convincing evidence.

Fair housing. The D.C. Human Rights Act, D.C. Code § 2-1402.21, makes it unlawful to terminate or refuse a real-property transaction for a discriminatory reason based on a long list of traits that includes race, color, religion, national origin, sex, age, marital status, familial status, disability, source of income, sealed eviction record, and status as a victim of an intrafamily offense. The federal Fair Housing Act (42 U.S.C. § 3601 et seq.) applies as well. A nonpayment notice used selectively against protected tenants invites both claims.

Counting the 10 days

The statute’s rule is short: the housing provider gives the notice “at least 10 days before filing the claim.” It does not say business days, and it does not add extra days for mail. A claim filed “before the number of days of notice required by this section had elapsed” is one the court may dismiss (§ 42-3505.01(a)(4)(B)).

Which date starts the count. The notice must be delivered two ways, and the statute does not say whether the 10 days run from the mailing, the hand delivery or posting, or the later of the two. The cautious approach is to count from the later of the two deliveries and to file no sooner than 10 full days after it.

The 30-day wording. The prescribed language tells the tenant the housing provider “has the right to file a case in court seeking your eviction if the amount of rent you owe is equal to at least” six hundred dollars “and you do not pay the balance of unpaid rent in full within 30 days of this notice.” That sentence was left unchanged when the minimum notice period was cut to 10 days, so the notice a tenant receives still speaks of 30 days. We have not found a court decision that reconciles the two. A housing provider who waits 30 days after the notice satisfies both the 10-day minimum and the wording the tenant was given; a provider who files between day 10 and day 30 should get advice from District counsel first. The PDF prints the date 30 days after the notice for reference.

Worked example. A notice dated September 10 is mailed by certified mail on September 10 and posted on the front door on September 11. Counting from the later delivery, 10 days have passed at the end of September 21, and 30 days after the notice date is October 10. The generator prints the October 10 reference date on both the English and Spanish versions.

Past-due rent notice form

Complete the form below to generate the Washington DC notice of past-due rent under D.C. Code § 42-3505.01(a-1). The PDF prints the statutory wording word for word, the total rent owed, the ledger as Attachment A, the payment details, the language notice, a signature block, and a record of the two required deliveries, first in English and then in Spanish. The generator checks the numbers before it will produce the notice: it refuses if the total is under six hundred dollars, if the rent-only box is not checked, or if the ledger does not add up to the total, and it explains why on screen.

Spanish version included: the PDF adds a complete Spanish version of the same notice and ledger after the English pages, filled with the same details (text you type prints exactly as typed). D.C. Code § 42-3206 requires every notice to quit to be served in English and Spanish, and § 42-3505.01(a)(3) adds a third language only when the tenant’s primary language is neither English nor Spanish; serving both versions avoids any argument over which rule reaches this notice.

Service rules

Since D.C. Law 26-80, the nonpayment notice has its own delivery rule. Section 42-3505.01(a-1)(3) says the notice “shall be provided as follows: (A) By certified mail or delivery service providing delivery tracking confirmation, return receipt requested; and (B) By hand delivery to the rental unit or by posting on the front door of the rental unit.” The word “and” matters: one delivery of each kind is required.

Step A: certified mail or tracked delivery, return receipt requested

Send the complete notice, with the ledger and the Spanish version, by certified mail with a return receipt, or by a delivery service that provides delivery tracking confirmation with a return receipt. Keep the mailing receipt, the tracking record, and the returned receipt. First-class mail without tracking, email, and text messages do not meet step A.

Step B: hand delivery or front-door posting at the unit

Also deliver the notice at the rental unit, either by hand or by posting it on the unit’s front door. The statute says “the front door of the rental unit,” which is narrower than the “conspicuous place” wording used for other notices, so post on that door.

The posting photograph

If you post, photograph the posted notice. Section 42-3505.01(a)(2) says “a photograph of the posted notice must be submitted to the court” with “a readable timestamp” showing the date and time of posting, and § 42-3505.01(a)(4)(C) lets the court dismiss a case where that photographic evidence is missing.

Record of delivery

The PDF ends each language version with a short record of how the notice was provided: the mailing method, date and tracking number, the unit delivery method and date, and the name of the person who delivered it, with a signature line. Complete and sign it when both steps are done and keep it with the receipts; it helps you prove the notice was given when you file the verified complaint.

Language

Give the tenant the English and Spanish versions together. If you know the tenant’s primary language is another language covered by D.C. Code § 2-1933, § 42-3505.01(a)(3) requires the notice in that language too, and § 42-3505.01(a)(4)(D) lets the court dismiss if it was not provided.

Common mistakes that can get the case dismissed

Issuing the notice when less than six hundred dollars is owed

The statute says the housing provider “shall not issue such notice” below six hundred dollars of unpaid rent, and § 16-1501(b) bars the possession case. For a smaller balance, a late rent notice or a claim for the money owed is the lawful route. The generator on this page will not produce the notice below the floor.

Counting late fees or other charges

The notice states “the total amount of rent owed.” Late fees cannot be the basis for an eviction (§ 42-3505.01(a)(1)), and the six-hundred-dollar test is measured in unpaid rent. Utilities, repair charges, and other non-rent items do not belong in the total or the ledger.

Leaving out the ledger

The prescribed wording says a ledger “is attached.” A notice that says so without attaching one, or with a ledger that does not reconcile to the total, invites a defense. The generator requires at least one ledger line and refuses a ledger whose balance differs from the stated total.

Rewriting the statutory language

The statute allows “substantively similar language,” but every paraphrase is an argument waiting to happen. Using the statutory words, with only the amount and the housing provider’s name filled in, removes that risk.

Using only one delivery method

Posting alone, hand delivery alone, or certified mail alone does not meet § 42-3505.01(a-1)(3). Both step A and step B are required.

Posting without a timestamped photograph

If step B is a posting, the court expects a photograph with a readable timestamp. Without it the court may dismiss (§ 42-3505.01(a)(4)(C)).

Filing before 10 days have passed

A claim filed before the required days of notice have elapsed is one the court may dismiss (§ 42-3505.01(a)(4)(B)). Because the prescribed wording speaks of 30 days, read the counting section above before filing early.

Filing without registration and a business license

The complaint must be backed by a valid rental registration or claim of exemption and a current rental housing business license (§ 16-1501(c)). A perfect notice does not cure a missing license.

Wrong or incomplete tenant names

Name every tenant on the lease exactly as the lease names them, and use the same housing provider name that will appear in the complaint.

Refusing a full payment

The notice itself tells the tenant “You have the right to remain in the rental unit if the total balance of unpaid rent is paid in full.” Refusing a full payment of the stated balance contradicts the notice you served.

Tenant rights and remedies

District tenants who receive this notice have rights that come from the statute and from the Superior Court’s procedures. Knowing them helps a housing provider see why each element of the notice is there.

Right to stay by paying the full balance

The statutory w