(a) A civil action based upon a cause of action in ejectment, may be brought against:
(1) the person actually occupying the premises claimed, either in person or by tenant; or
(2) both the claimant and his tenant, or other occupant claiming under him; or
(3) if the premises are not actually occupied, a person exercising acts of ownership thereon adversely to the plaintiff.
When a lessee is made a defendant at the suit of a party claiming against the title of the lessee's landlord, the landlord may appear and be made a party defendant in the place of his lessee.
Any person claiming to be in possession may, on motion, be admitted to defend the action.
(b) Joint tenants shall sue jointly in ejectment, but tenants in common may sue either jointly or separately, and any number of tenants in common, less than the whole number entitled, may sue jointly in reference to their undivided interests.
(Dec. 23, 1963, 77 Stat. 564, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1101.
1973 Ed., § 16-1101.
If a tenant, on whom a complaint in ejectment is served, fails to give notice thereof, without delay, to his landlord or the agent of the landlord, he shall forfeit and pay to the landlord the value of three years' full rent of the premises, to be recovered by a civil action.
(Dec. 23, 1963, 77 Stat. 564, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1102.
1973 Ed., § 16-1102.
In his complaint in ejectment, the plaintiff shall:
(1) describe the premises claimed with reasonable certainty; and
(2) set forth distinctly the nature and quantity of the estate claimed by him in the premises.
It is sufficient for the plaintiff to state, in addition, that:
(1) he was possessed of the premises, and while he was so possessed the defendant entered wrongfully into possession thereof, and withholds the possession of the premises from the plaintiff, or wrongfully detains possession; or
(2) the defendant is wrongfully exercising acts of ownership over the premises.
However, except as provided by this chapter, acts of ownership do not amount to an adversary possession, so as to make it necessary for the plaintiff to sue in order to avoid the bar of the statute of limitations.
(Dec. 23, 1963, 77 Stat. 564, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1103.
1973 Ed., § 16-1103.
(a) Except as provided by subsection (b) of this section, in an action of ejectment it is sufficient to entitle the plaintiff to relief to show that he is entitled, as against the defendant, to the immediate possession of the premises claimed, and that the defendant is:
(1) in possession of the premises, and is holding adversely to the plaintiff; or
(2) exercising acts of ownership over the premises, adversely to the plaintiff.
(b) In an action pursuant to this chapter by one or more joint tenants or tenants in common against their cotenants, the plaintiff shall be required to prove an actual ouster or some other act amounting to a denial of the plaintiff's title and his exclusion from the enjoyment of the property.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1104.
1973 Ed., § 16-1104.
It is not a bar to the plaintiff's recovery in an action of ejectment that the legal title to the property claimed is outstanding in another as mortgagee or trustee under a mortgage or deed of trust to secure a debt, unless the mortgagee or trustee, or those claiming under him, has taken possession of the premises, or unless the defendant claims under the mortgagor or grantor in the deed of trust.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1105.
1973 Ed., § 16-1105.
Where real property has been sold under a written contract executed by the vendor, and there has been such a performance of its terms by the vendee as would entitle him to a decree for a conveyance of the legal title, without condition, the vendor may not recover the property from the vendee.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1106.
1973 Ed., § 16-1106.
When it appears on the trial in an action of ejectment that some of the defendants occupy distinct parcels of the property claimed, in severalty, the plaintiff, if entitled to recover, may in the discretion of the court, have several judgments against the respective parties, according to the proof of occupancy.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1107.
1973 Ed., § 16-1107.
The plaintiff, under a claim to certain described premises, may recover less than the whole property claimed, and, under a claim to an entire property, may recover an undivided part thereof.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1108.
1973 Ed., § 16-1108.
(a) The plaintiff may embody in his complaint, in a separate count, a claim for the:
(1) mesne profits received by the defendant from the property sued for; or
(2) clear value of the use and occupation of the property sued for -- extending to the time of the verdict, and also damages for waste or injury to the premises during that period.
(b) If the jury find for the plaintiff, they may, at the same time, find and assess the mesne profits, or the value of the use and occupation and the amount of damages, specified by subsection (a) of this section. Except in the case provided for by § 16-1116, there shall be rendered, besides a judgment for the recovery of the property, a judgment against the defendant for the amount so found by the jury.
(Dec. 23, 1963, 77 Stat. 565, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(m), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1109.
1973 Ed., § 16-1109.
Legislative History of Laws
Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
(a) In an action in ejectment against his tenant, a landlord may embody in his complaint, in separate counts, claims for:
(1) furniture, if leased with the realty;
(2) arrears of rent due at the termination of the tenancy;
(3) double rent in cases authorized by this Code from the termination of the tenancy to the verdict for possession; and
(4) damages for waste or injury to the premises or furniture during the defendant's occupancy of the premises and before commencement of the action.
(b) If the jury find for the landlord, they may, at the same time, find the amounts due for arrears of rent and for double rent and for damages, as provided by subsection (a) of this section, and judgment shall be rendered accordingly.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1110.
1973 Ed., § 16-1110.
The plaintiff in ejectment is not required to join his claim for rent or damages with his claim for the recovery of the land and his omission to do so does not prevent him from bringing his action for rent or damages separately.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1111.
1973 Ed., § 16-1111.
If the title of the plaintiff in ejectment expires after the commencement of his action but before the trial, and but for the expiration he would have been entitled to recover, the verdict shall find the facts, and the plaintiff may recover his damages sustained by the wrongful withholding of the possession.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(n), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1112.
1973 Ed., § 16-1112.
Legislative History of Laws
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-1109.
In an action to recover vacant and unimproved lots of ground it is not necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been enclosed; but if it appears that the property had been assessed for taxation to the defendant, or those under whom he claims, and that he or they had regularly paid the taxes on the property and were the only persons who had exercised control over the property for a period of fifteen years before the bringing of the action, the facts shall be the equivalent of possession by actual enclosure.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1113.
1973 Ed., § 16-1113.
(a) In an action of ejectment, if the plaintiff's title is established by proof, the verdict of the jury shall be generally for the plaintiff as to the whole or part of the property or interest claimed in the complaint, as the case may be. If the plaintiff fails to make satisfactory proof of title, the verdict shall be for the defendant as to the whole or part of the property, as the case may be. The verdict may be for the plaintiff as to part and for the defendant as to other part thereof. Except as provided by this chapter, judgment shall be rendered according to the verdict.
(b) When it appears on the trial that the defendant did not wrongfully enter into possession of the property sued for, or exercise acts of ownership over the same adversely to the plaintiff, the verdict of the jury shall be that the defendant is not guilty. Thereupon, judgment shall be rendered in favor of the defendant against the plaintiff for the costs of the action, but the judgment is not a bar to a future action by the plaintiff against the defendant for the recovery of the property.
(Dec. 23, 1963, 77 Stat. 566, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1114.
1973 Ed., § 16-1114.
A final judgment rendered in an action of ejectment is conclusive as to the title thereby established as between the parties to the action and all persons claiming under them since the commencement of the action.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1115.
1973 Ed., § 16-1115.
In an action of ejectment, at any time before the trial, the defendant may give notice that if the verdict of the jury is in favor of the plaintiff's title the defendant will claim the benefit of permanent improvements that may have been placed on the property by the defendant or those under whom he claims, and offer evidence at the trial tending to show that he or those under whom he claims had peaceably entered into possession of the premises in controversy under a title which he or they had reason to believe and did believe to be good, and had erected valuable and permanent improvements on the property, which were begun in good faith before the commencement of the action. The court shall then direct the jury, in case they find in favor of the plaintiff's title and also find that the permanent improvements were made by the defendant, or those under whom he claims, under the circumstances described in this section, to assess the:
(1) damages of the plaintiff, being the clear value over and above taxes and necessary expenses of the use and occupation of the property, exclusive of the improvements, during the whole period of the occupation of the property to the date of the verdict, and any damage done to the property, by waste or otherwise, by the parties during the occupation;
(2) present value of any permanent improvements that may have been placed on the premises by the defendant or those under whom he claims; and
(3) present value of the property of the plaintiff without and exclusive of the improvements.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1; Mar. 24, 1998, D.C. Law 12-81, § 10(o), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1116.
1973 Ed., § 16-1116.
Legislative History of Laws
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-1109.
Either party who feels aggrieved by the assessment provided for by section 16-1116, may, within four days after the verdict, move to set the assessment aside, and the court may, for good cause shown, set the verdict aside and order another jury to be empaneled in the cause to make a new assessment.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-567, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1117.
1973 Ed., § 16-1117.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1118.
1973 Ed., § 16-1118.
When the value of the improvements, ascertained as provided by this chapter, equal but do not exceed the plaintiff's damages, as found by the jury, the plaintiff shall be entitled to judgment only for the recovery of the property sued for and costs.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1119.
1973 Ed., § 16-1119.
If the value of the improvements referred to in this chapter is found by the jury to exceed the damages of the plaintiff, the plaintiff may elect either to pay to the defendant the amount of the excess or to demand of the defendant the value of the plaintiff's property, without the improvements, as fixed by the jury, and tender to the defendant a deed for the property, with all the plaintiff's right, title, and interest therein.
(Dec. 23, 1963, 77 Stat. 567, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1120.
1973 Ed., § 16-1120.
When the plaintiff pays to the defendant, within the time fixed therefor by the court, or, in case of the defendant's refusal to accept the payment, pays into court for the defendant's use the amount of the excess of the value of the improvements over the damages of the plaintiff, the plaintiff shall be entitled forthwith to a judgment and writ of possession.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1121.
1973 Ed., § 16-1121.
If the plaintiff tenders to the defendant a deed as provided by section 16- 1120 and demands the value of his property without the improvements, as found by the jury, and the defendant fails or refuses to pay the value within the time fixed therefor by the court, the plaintiff shall, in like manner, be entitled to a judgment and writ of possession; and if the plaintiff is a minor, the court may authorize the deed to be executed by his guardian.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1122.
1973 Ed., § 16-1122.
If the plaintiff fails or refuses either to pay the defendant the excess of the value of the improvements over the amount of the plaintiff's damages, or, as provided by the chapter, to tender a deed to the defendant and accept from him the value of the plaintiff's property, exclusive of the improvements, the defendant may pay the value into court for the use of the plaintiff. Thereupon, the defendant shall be entitled to a judgment in his favor, but without costs, which judgment shall be a bar to any future action by the plaintiff against the defendant to recover the property for cause theretofore existing.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1123.
1973 Ed., § 16-1123.
(a) In a case between landlord and tenant, where one-half year's rent or more is in arrear and unpaid, and the landlord or lessor to whom the rent is due has the right by law, in default of a sufficiency of goods and chattels whereon to distrain for the satisfaction of the rent due, to re-enter for non-payment of the rent, he may, without any formal demand or re-entry, commence a civil action in ejectment for the recovery of the demised premises.
(b) When a judgment is given for the plaintiff in an action pursuant to this section, and execution is had on the judgment, before the rent in arrear and costs of suit are paid, the lease of the property shall cease and be determined, unless the judgment is reversed on appeal or certiorari or, within six months after execution on the judgment, the defendant or a person who has succeeded to his interest, or a mortgagee of the lease or of any party thereof who was not in possession when final judgment was rendered, applies to the court for an order granting equitable relief from the judgment, which is subsequently granted.
(c) When possession of the property recovered has been delivered to the plaintiff under execution issued upon a judgment in an action pursuant to this section, and, in connection with the application for equitable relief from the judgment, the defendant or other person referred to in subsection (b) of this section, has, prior to or at the time of his application, paid or tendered to the plaintiff or his legal representative or successor in interest, or paid into court for the use of the person entitled thereto, the amount of rent in arrear, as stated in the judgment and costs of suit and all damages sustained by the plaintiff, the order for restoration of possession of the property to the person who made the payment shall provide for setting off the sum that the plaintiff has made, or that he might, without fraud, deceit, or willful neglect, have made, of the property, during his possession, against the rent accruing after the judgment was rendered, and for reimbursement to the applicant of the balance, if any, of the sum paid into court by him, after making the set-off prescribed by this subsection.
(d) At any time before the trial of an action pursuant to this section, the defendant may pay or tender to the plaintiff, or pay into court, the amount of all the rent then in arrear, and costs of suit. Thereupon, the action shall be dismissed.
(Dec. 23, 1963, 77 Stat. 568, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1124.
1973 Ed., § 16-1124.
