Fillable 30-DAY NONPAYMENT NOTICE TO QUIT INSTRUCTIONS These instructions (LawHelp.org)

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1
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
2
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.
3
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
4
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
5
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.
6
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
2
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.
3
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
4
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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