May 18

DC Landlord and Tenant Law Rules Change Regarding Writ Fees and the Amount Required to Avoid Eviction

A copy of the new Washington DC Landlord and Tenant Trans Lux Form (Form 6) can be found here: New Trans Lux Form (Form 6)

The notice To public regarding the Rule change reads as follows:

L&T Rule 15 has been amended, effective April 16, 2014. The amendment includes an important change to the way the redemption amount (or Trans-Lux amount) is calculated. Under the amended rule:

  1. When the Landlord files a writ of restitution, the amount a Tenant must pay to the Landlord to avoid eviction will increase by $18 (not $213).
  2. If the Tenant waits until the U.S. Marshals Service has arrived on the premises to redeem the tenancy, the amount the Tenant must pay to the Landlord to avoid eviction will increase by $195 (over and above the $18 described in #1 for a total of $213).

The amended rule applies in all cases where the Landlord has obtained a judgment for possession based on nonpayment of rent and the Tenant has not yet redeemed the tenancy, regardless of what information was previously provided in the Notice to Tenant of Payment Required to Avoid Eviction (Form 6).

Form 6 has been amended to reflect the amendment to Rule 15. The amended Form 6 also removes the requirement that a Landlord have the form notarized. Effective immediately Landlords who are required to file a Form 6 must use the new form. Copies of Form 6 are available in the Clerk’s Office, Room 110, in Building B.

The amendment to Rule 15 reflects the Court’s practice of returning $195 of the writ fee to the Landlord if the writ is canceled, expired, or quashed and the landlord does not apply for an alias writ.




April 13

Proposed Amendments to SCR Civ Pro L&T 15 and Trans Lux Form

The District of Columbia Superior Court Rules Committee has issued proposed amendments to DC Landlord and Tenant Branch Rule 15 and L&T Form 6 (Trans Lux Form).

Written comments are due May 12, 2014.

The biggest proposed change involves the treatment of the Writ of Restitution filing fee.  In the past, as soon as the Writ was filed, a landlord was entitled to charge the entire $213 filing fee to the tenant as part of the redemption amount.  When the court recently changed its procedure and began refunding Writ fees in cases where the eviction never occurred, an ambiguity arose as to when a landlord had to provide a corresponding credit to a tenant who had paid the Writ fee.  The proposed amendment would only allow the landlord to pass along the nonrefundable $18 charge to the tenant at the time the Writ is filed. The landlord would only be allowed to pass along the remaining $195 charge to the tenant if the US Marshals arrive on the premises to conduct the eviction.

The proposed amendments can be found here: Notice of Proposed Amendments to Superior Court Rule of Procedure.