Fill - Free fillable 30-DAY NONPAYMENT NOTICE TO QUIT INSTRUCTIONS These instructions PDF form

30-DAY NONPAYMENT NOTICE TO QUIT

INSTRUCTIONS

These instructions are to be used with a 30-DAY NONPAYMENT NOTICE TO

QUIT.

When to Use This Form: The 30-DAY NONPAYMENT NOTICE TO QUIT is

required before you may file an eviction lawsuit against your Tenant based on

the Tenant’s failure to pay rent unless

your Tenant gave up the right to receive

this Notice in writing, usually in a written lease.

If the Tenant gave up the right to receive a Notice to Quit in writing, which is

also called “waiving” the right to receive a Notice to Quit, then you can file a

Complaint for Possession for Real Estate based on the Tenant’s failure to pay

rent immediately and without using the 30-DAY NONPAYMENT NOTICE TO

QUIT.

Some leases do not waive the Tenant’s right to receive a Notice to Quit but they

do decrease or increase the number of days of notice you must give the Tenant.

If the Tenant’s lease decreases or increases the number of days, you can still

use this form but you should cross out “30” and write in the number of days

required by the lease. You may want to speak to a lawyer before you use this

form if you think that your lease requires a longer or shorter notice period.

If you are not sure whether the Tenant gave up the right to receive this Notice

or whether you are required to serve this Notice, then you may want to speak

to a lawyer before you use this form or file a lawsuit to evict the Tenant.

COMPLETING THE 30-DAY NONPAYMENT NOTICE TO QUIT

Tenant/Occupant: Print the name of the person or persons who are living in

the apartment, house, or room and who are responsible for paying the rent.

Only list adults.

Date: Print the date that you complete the Notice. The rent amounts that you

say are owed should be correct as of the date that you complete the Notice.

Address: Print the address for the property where the Tenant/Occupant is

living and that you want the Tenant to pay the rent for or vacate. Include any

room numbers or apartment numbers, the correct quadrant (NE, NW, SE, or

SW), and the correct ZIP code.

Rent Due: In the first blank, write the amount of rent that is due each month.

In the second and third blanks, write the first month and year that rent was due

but was not paid or was not paid in full. In the third and fourth blanks, write

the last month and year for which rent was due but was not paid or was not

paid in full. If the lease allows any late charges, write the total amount of late

charges that have not been paid in the next blank. Write the total amount due,

including all rent and late charges, in the last blank.

Signature: Sign your name and print your address and phone number. Do not

use the address of the property occupied by the Tenant unless you actually live

or work there.

Spanish Copy: You must complete the blanks with the identical information on

the Spanish-language copy of the Notice. You should use the Spanish words for

the months when the rent was due. If the tenant does speak Spanish, it is very

important that the Spanish translation be accurate. If it is not accurate, you

may not be able to evict the tenant based on the notice.

NEXT STEPS

Signature: Sign your name above the place for your address and phone

number on both the English and Spanish versions of the form.

Copies: After you have completed the form, you should make enough copies so

that you can give one (1) to each

tenant or occupant named in the notice. If

you serve by posting and mailing, you should have one (1) copy for posting and

one (1) copy for mailing for each tenant or occupant. You should also keep one

(1) copy for your records.

Spanish Copy: The English and Spanish copy should be served together on

each tenant, even if you do not think that anyone living in the property speaks

Spanish.

Serving the NONPAYMENT NOTICE TO QUIT: Either you or some other

person who is at least 18 years old must give the Notice to each Tenant. You

can hire a professional process server, but you are not required to. If you do

not serve the Notice correctly, then the Court may dismiss your case.

There are four ways that you may give the notice to your tenant(s):

1. Personally

: You may hand the notice directly to the tenant(s). This is the

best way to make sure that the tenant gets the notice.

2. Substitute

: If the tenant is not at home, you may hand the notice to

some other person who lives in or is in possession of the property. If

there is more than one tenant, you may give one of the tenants copies for

all of the other tenants. Make sure that you leave enough copies for each

tenant.

If you serve a tenant this way, make sure that the person you give the

notice to is at least 16 years old and actually lives there and is not just a

visitor. If you are not sure whether the person you are talking to is old

enough or lives in the property, you may want to try again at another

time.

3. Posting and mailing

: If you have tried Number 1 (personal service) and

Number 2 (substitute service) but you have been unable to find anyone

you can give the notice to, then you are allowed to post the notice on the

door of the property and mail a copy to the tenant by first-class mail,

postage prepaid.

Before you are allowed to use posting and mailing, you must make a

genuine effort to find the tenant at home and to serve the tenant with the

notice in person. Usually, this means going to the property on at least

two different days and during at least two parts of the day. For example,

if you try once during normal working hours, you may want to try again

on a different day, either before or after working hours, or during the

weekend.

If you know the tenant’s schedule, you should go to the property when

you think the tenant or occupant will be at home. If you know that the

tenant does not currently live in the residence, you should not resort to

service by posting and mailing, and may want to consider hiring a

professional process server to accomplish personal service on the tenant.

If you serve the notice by posting and mailing, you must post enough

copies of the notice for each tenant, and you must also mail copies to

each tenant. You must mail the copies within three (3) calendar days

after

you post it on the door. You cannot mail the notice before you post

it.

Posting means taping or tacking the notice to the door of the property. It

is not

valid service to slide the notice under the door, place it in the

mailbox, or enter the property and leave it inside. If there is more than

one unit in the building, the notice must be posted on the door to the

room or unit occupied by the tenant who has not paid the rent.

Do not

post the notice on the front door of a building with more than one

apartment or on the front door of the house if the tenant is renting a

single room.

4. Registered mail

: You may also send the notice by registered mail. If you

use registered mail, the tenant must sign for the notice him or herself. If

someone other than the tenant signs for the notice, you will have to send

the notice again until the tenant actually signs for it or use some other

way of delivering the notice (see Numbers 1, 2, and 3 above). If you use

registered mail, you must be able to obtain proof from the post office that

the tenant actually signed for the notice, such as a return receipt.

Keep a Record: The person who serves the notice should keep a record of how

he or she served the notice, including the dates and times when he or she tried

to serve the tenant(s) and any details that might prove that the notice was

actually served, such as the name, age, and physical description of the

person(s) the notice was given to or a physical description of the property

where the notice was posted along with the date the notice was mailed. If you

use certified mail, make sure you have records of when the notice was delivered

and who signed for it. If service is by posting and mailing, the affidavit should

include any additional information, if any, about why the person who served the

notice went to the property at certain times before posting the notice, such as

because they knew the tenant’s work schedule.

If required, you should also keep a record of how and when you sent your

notice to the D.C. Housing Authority.

Affidavit of Service: An Affidavit of Service has been included in this packet

for you to record how the tenant(s) or occupant(s) were served. You will need

to complete a separate affidavit of service for each tenant or occupant. The

person who accomplishes service should fill out the Affidavit of Service and

should write their name, age, date of birth, and business address in the spaces

provided at the top of the form and should sign and date the bottom of the form

when they complete it.

The person who completes the Affidavit of Service should complete the rest of

the form using the guidelines below:

For personal service: If personal service is achieved, write the time and

date that the tenant or occupant was served the notice on line 4. Next check

the box for personal service and write the name of the tenant or occupant

served. Then, in the space provided after “Explanations and Descriptions” you

should provide a physical description of the tenant or occupant served.

For substitute service: If substitute service is achieved, write the time

and date that the notice was served on line 4. Next check the box for substitute

service and write the name of the person served. Then, in the space provided

after “Explanations and Descriptions” you should provide a physical description

of the person served.

For service by posting and mailing: If you served by posting and

mailing, write the time and date that the notice was served on line 4. Next

check the box for posting service and list the time and date of the first

unsuccessful attempt at personal service. Then list the date that the notice was

sent by first-class mail, postage prepaid, to the premises. Finally, in the space

provided after “Explanations and Descriptions” you should provide a description

of where the notice was posted, including the location in the building, a physical

description of the premises, and/or any other information that would help the

court determine if service was proper.

For registered mail: If the notice was served by registered mail, write

the time and date that the tenant signed for the mail on line 4. Next check the

box for registered mail.

Section 8 Housing Choice Voucher Landlords: If some of the Tenant’s rent

is paid by the Section 8 Housing Choice Voucher program, there a few things

that you should keep in mind.

First, in most situations, if a Landlord is receiving money from the Section 8

Housing Choice Voucher program on behalf of a Tenant, the Landlord can only

ask the Tenant to pay his or her share of the rent. If the D.C. Housing

Authority stops paying rent to a Landlord because of something that the

Landlord did, rather than something that the Tenant did, the Landlord cannot

ask the Tenant to pay the Housing Authority’s share. A Landlord usually cannot

ask the Tenant to pay more rent than the D.C. Housing Authority told the

Tenant to pay.

Second, if some of the Tenant’s rent is or should be paid by the Section 8

Housing Choice Voucher program, then you must send the D.C. Housing

Authority a copy of this Notice. Their address is 1133 North Capitol, NE,

Washington, DC 20002.

If you have any questions about your responsibilities as a Section 8 Landlord,

you may want to speak with a lawyer before serving this Notice or bringing a

lawsuit against the Tenant.

Filing a Lawsuit: After you give the Notice to the Tenant, you must wait until

the notice period has passed before you can file a Complaint in the Landlord

Tenant Court to have your Tenant evicted. (If your lease requires a shorter or

longer period of time, then you must wait the number of days required by the

lease before you can file a Complaint in the Landlord Tenant Court, otherwise

you must wait 30 days.) You must count the time from the day the Notice was

actually given to the Tenant, even if there is a different date on the Notice, and

you do not count the day that you served the Notice.

If the Tenant brings his or her rental account completely up-to-date at any

time, before or after

the end of the notice period, you cannot file a Complaint to

have the Tenant evicted based on this Notice. If the Tenant stops paying rent

again, you can serve another NONPAYMENT NOTICE TO QUIT.

If your Tenant moves out before you file a Complaint to have the Tenant

evicted, you cannot file a Complaint in the Landlord Tenant Court. If the Tenant

still owes you money when he or she moves out, you may file a lawsuit in Small

Claims Court or Civil Court to collect the unpaid rent.

It is important to remember that

it is illegal to evict Tenants without using the

Court process. If the Tenant fails to pay or move out after the notice period,

then you must file a Complaint in the Landlord Tenant Court to have the Tenant

evicted. It is illegal to change the locks, evict the Tenant yourself, or turn off

the heat, water, or other services.

30-DAY NONPAYMENT NOTICE TO QUIT

Tenant/Occupant:___________________________ Date:______________

Tenant/Occupant Address:________________________________________

Washington, D.C., (ZIP Code):____________________________________

This Notice is being sent to you pursuant to D.C. Code Title 42 Chapter 32

for your failure to pay rent as follows:

Failure to pay the monthly rent of $ ____________ from the following date

______________, 20____ to the following date ______________, 20____

and late charges in the amount of $_______________ totaling

$_______________.

If another month’s rent or late fee becomes due before you make your full

payment to the Landlord, you must pay the additional month’s rent or late

fee in order to avoid eviction proceedings.

If you do not pay your total rent due within the time period pursuant to this

Notice, this Notice shall be your Notice to Quit and Vacate, and you are

hereby notified that you are to quit and vacate the premises occupied by

you.

If you fail to either pay your rent or vacate, your Landlord can take such

action as is appropriate to evict you. In order for your Landlord to evict you,

your Landlord first must file in D.C. Superior Court a suit for possession of

the property based upon your failure to either pay rent or to vacate.

Before filing a suit for possession, the law requires that your Landlord give

you at least thirty (30) full days from the first day after service of this Notice

within which to pay your rent or vacate, unless otherwise agreed in writing.

The rent for the premises is due, in accordance with your lease, up to and

including the date by which you are required to quit and vacate. Also, you

will be liable for use and occupancy of the premises if you fail to vacate

pursuant to this Notice. This Notice shall not relieve you from any claims for

other violations that may arise out of the lease agreement, nor shall it

relieve you from any claim for damages to the premises, should they occur.

If the Landlord accepts payments after the date this Notice is served, the

Landlord is not agreeing to waive any of its rights under this Notice.

Service of this Notice is not an admission by the owner and/or agent that the

property is subject to any part of D.C. Law 6-10 and/or that you are entitled

to raise that law as a defense to this Notice.

______________________________________

Landlord’s or Agent’s Signature

______________________________________

Address

______________________________________

Phone Number

NOTIFICACIÓN DE DESALOJO POR INCUMPLIMIENTO DE PAGO A 30 DIAS

Inquilino/Ocupante:________________________ Fecha:_____________

Dirección del inquilino u ocupante:_________________________________

Washington, D.C., (Código postal)__________________________________

Esta notificación se le manda según lo estipula el Código título 42 capítulo 32

del Distrito de Columbia debido a su incumplimiento con el pago del alquiler.

Incumplimiento de pago de alquiler mensual de $____________ entre la

fecha _______________, 20 ___ y la siguiente fecha _______________,

20____ y recargos por atraso de $_______________ para un total de

$_______________.

Si el alquiler de otro mes o recargo quedan pagaderos antes de que usted le

pague el total al propietario, debe pagar el mes adicional del alquiler o el

recargo para evitar el proceso de desalojamiento.

Si no paga el total del alquiler que debe dentro del plazo establecido en este

aviso, la presente será su Notificación de Desalojo y por medio de la

presente se le avisa que debe desalojar el domicilio.

Si no paga el alquiler ni desaloja el domicilio, el arrendador puede tomar los

pasos necesarios para desalojarlo. Para que el arrendador pueda desalojarlo,

éste debe presentar primero una demanda contra usted por causa de mora,

en el Tribunal Superior del Distrito de Columbia.

Antes de presentar una demanda para la desocupación del inmueble, la ley

exige que el arrendador le permita a usted pagar el alquiler dentro del plazo

de 30 días completos a partir de la fecha de entrega de este aviso para que

usted pague el alquiler o desaloje el domicilio, a menos que exista un

acuerdo escrito que establezca algo distinto.

Según su contrato, el alquiler es pagadero hasta la fecha del desalojo.

Además, usted será responsable por el uso del domicilio si no lo desaloja

conforme a esta notificación. Esta notificación no lo exonera de cualquier

reclamo que pueda existir conforme al acuerdo de alquiler y, de haber daños

al domicilio, tampoco lo protege de cualquier reclamo que se pueda hacer.

Si el arrendador acepta pagos después de la entrega de esta notificación, no

renuncia a ningún derecho que se derive del mismo.

La entrega de ésta notificación no es admisión por parte del propietario o

agente de que dicho domicilio se encuentre sujeto a cualquier parte de la

Ley 6-10 del Distrito de Columbia y/o que usted tenga el derecho de

presentar dicha ley como defensa a esta notificación.

______________________________________

Firma del propietario o agente

______________________________________

Dirección

______________________________________

Teléfono

AFFIDAVIT OF SERVICE

1. My name is ______________________________, and I am

authorized to serve the attached 30-Day Nonpayment Notice to Quit. I

further declare that:

2. My age is __________ and my date of birth is___________________.

3. My business address is _____________________________________.

4. At the following time _________________ AM/PM and on the following

date _______________, 20___, I served the attached 30-Day Nonpayment

Notice to Quit in both English and Spanish (check only one):

 By personal service upon______________________________________.

 By substitute service upon ____________________________________.

 By posting service. My first attempt was at the following time ________

AM/PM and on the following date _______________________________.

A copy also was sent by first-class mail, postage prepaid, to the premises

on the following date _________________________________.

 By registered mail and the Tenant signed for the mail.

Explanations and Descriptions:____________________________________

____________________________________________________________.

I declare under penalty of perjury that the foregoing is true and correct.

__________________________________________

Process Server

Executed this ______ day of ____________, 20___.

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