Rule 3 Commencement of Action
Rule Text
(a) IN GENERAL.
(1) Complaint for Possession of Real Property. A landlord and tenant action is commenced by filing with the clerk a verified Complaint for Possession of Real Property completed on one of the following landlord and tenant forms:
(A) Form 1A (Nonpayment of Rent—Residential Property);
(B) Form 1B (Violation of Obligations of Tenancy or Other Grounds for Eviction— Residential Property);
(C) Form 1C (Nonpayment of Rent and Other Grounds for Eviction—Residential Property); or
(D) Form 1D (Commercial Property).
(2) Summons. Together with the complaint, the plaintiff must deliver to the clerk a prepared Form 1S (Summons to Appear in Court and Notice of Hearing), accompanied by information for litigants, as required by administrative orders of the Chief Judge.
(3) Defendant’s Telephone Number and Email Address. The plaintiff must include in the complaint and the summons the defendant’s telephone number and email address, if known to the plaintiff.
(4) Copies. The plaintiff must provide the clerk with the original complaint and summons and with a copy of the complaint and summons for each defendant named in the complaint.
(b) ADDITIONAL CLAIMS.
(1) Other Claims Allowed in a Landlord and Tenant Action. In addition to a claim for possession of real property, an original or amended complaint in one of the forms set out in Rule 3(a) may include a claim for the following:
(A) the recovery of personal property located in the premises and belonging to the plaintiff;
(B) a money judgment based on rent in arrears and late fees as permitted by law; or
(C) the relief listed in both Rule 3(b)(1)(A) and (B).
(2) Requirements for a Money Judgment. A money judgment may be rendered against a defendant only if the defendant:
(A) has been personally served; or
(B) asserts a counterclaim for a money judgment.
(c) LIMITATIONS ON CLAIMS.
(1) No owner or owner’s agent may file a complaint for possession of real property:
(A) for nonpayment of rent in an amount less than $600;
(B) without a valid rental registration or claim of exemption pursuant to D.C. Code § 42-3502.05; or
(C) without a current license for rental housing issued pursuant to D.C. Code § 47-2828(c)(1).
(2) Exceptions.
(A) Rule 3(c)(1) does not apply to complaints involving commercial property.
(B) Rules 3(c)(1)(B) and (C) do not apply to complaints involving subtenants and units for which a license, registration, or claim of exemption is not legally required.
(C) The court may waive the requirement reflected in Rule 3(c)(1)(C) in accordance with D.C. Code § 16-1501(c)(2).
(d) JUDGMENT BY DEFAULT. If the defendant fails to participate, the verification entitles the plaintiff to a judgment by default in accordance with Rule 14.