Rule 3. Commencement of Action

(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.

ocated 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.

New subsection (a)(3) has been added to require the complaint and the summons to

include the defendant’s telephone number and email address, if known to the plaintiff.

(The plaintiff is already required by Civil Rule 10-I(b)(1) to provide its own telephone

number and email address in the complaint.) It is not intended that the plaintiff’s failure

to provide the information required by this subsection will lead to the dismissal of the

case absent extraordinary circumstances. Former subsection (a)(3) has been

redesignated (a)(4). Subsections (c)(1)(B), (c)(1)(C), and (c)(2)(C) have been amended

to delete the citation to the D.C

its own telephone

number and email address in the complaint.) It is not intended that the plaintiff’s failure

to provide the information required by this subsection will lead to the dismissal of the

case absent extraordinary circumstances. Former subsection (a)(3) has been

redesignated (a)(4). Subsections (c)(1)(B), (c)(1)(C), and (c)(2)(C) have been amended

to delete the citation to the D.C. Code year consistent with the general restyling of the

Superior Court Rules and the Court of Appeals current Citation and Style Guide.

COMMENT TO 2023 AMENDMENTS

Section (c) has been amended to incorporate limitations in the Eviction Record

Sealing Authority and Fairness in Renting Amendment Act of 2022, § 2(a), D.C. Law

No. 24-115 (May 18, 2022), D.C. Code §§ 16-1501(b)-(c) (2022), on filing complaints in

eviction cases. Former section (c) has been redesignated (d).

COMMENT TO 2017 AMENDMENT

This rule has been amended consistent with the stylistic changes to the civil rules.

Subsection (b)(1)(B) was also modified in response to the Rental Housing Late Fee

Fairness Amendment Act of 2016, D.C. Law No. 21-0172 (Dec. 8, 2016), which

prohibits a landlord from evicting a tenant on the basis of nonpayment of a late fee. The

rule now permits landlords to seek late fees as part of a money judgment.

COMMENT

D.C. Code § 16-1501 requires that a complaint for possession be made “under oath

verified by the person aggrieved by the detention, or by his agent or attorney having

knowledge of the facts.” Therefore, although SCR-Civ. 9-I is incorporated into the

Landlord and Tenant Rules, a complaint for possession must be verified under oath

before a notary public or other person authorized by law to administer an oath and may

not be based on an unsworn declaration. See SCR-Civ. 9-I(e).