Chapter 15. Forcible Entry and Detainer.


  • Current through October 23, 2012
  • When a person detains possession of real property without right, or after his right to possession has ceased, the Superior Court of the District of Columbia, on complaint under oath verified by the person aggrieved by the detention, or by his agent or attorney having knowledge of the facts, may issue a summons in English and Spanish to the party complained of to appear and show cause why judgment should not be given against him for the restitution of possession.

    (Dec. 23, 1963, 77 Stat. 581, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 560, Pub. L. 91-358, title I, § 145(g)(1); June 29, 1984, D.C. Law 5-90, § 2(a), 31 DCR 2537.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-1501.

    1973 Ed., § 16-1501.

    Legislative History of Laws

    Law 5-90, the "Eviction Procedures Act of 1984," was introduced in Council and assigned Bill No. 5-134, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on April 10, 1984, and April 30, 1984, respectively. Signed by the Mayor on May 9, 1984, it was assigned Act No. 5-131 and transmitted to both Houses of Congress for review.

  • Current through October 23, 2012 Back to Top
  • The summons provided for by section 16-1501 shall be served seven days, exclusive of Sundays and legal holidays, before the day fixed for the trial of the action. If the defendant has left the District of Columbia, or cannot be found, the summons may be served by delivering a copy thereof to the tenant, or by leaving a copy with some person above the age of sixteen years residing on or in possession of the premises sought to be recovered, and if no one is in actual possession of the premises, or residing thereon, by posting a copy of the summons on the premises where it may be conveniently read. If the summons is posted on the premises, a copy of the summons shall be mailed first class U.S. mail, postage prepaid, to the premises sought to be recovered, in the name of the person known to be in possession of the premises, or if unknown, in the name of the person occupying the premises, within 3 calendar days of the date of posting.

    (Dec. 23, 1963, 77 Stat. 581, Pub. L. 88-241, § 1; June 29, 1984, D.C. Law 5-90, § 2(b), 31 DCR 2537.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-1502.

    1973 Ed., § 16-1502.

    Legislative History of Laws

    For legislative history of D.C. Law 5-90, see Historical and Statutory Notes following § 16-1501.

  • Current through October 23, 2012 Back to Top
  • When, upon a trial in a proceeding pursuant to this chapter, it appears that the plaintiff is entitled to the possession of the premises, judgment and execution for the possession shall be awarded in his favor, with costs; and if the plaintiff becomes nonsuit or fails to prove his right to the possession, the defendant shall have judgment and execution for his costs.

    (Dec. 23, 1963, 77 Stat. 581, Pub. L. 88-241, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-1503.

    1973 Ed., § 16-1503.

  • Current through October 23, 2012 Back to Top
  • (July 29, 1970, 84 Stat. 560, Pub. L. 91-358, title I, § 145(g)(2).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-1504.

  • Current through October 23, 2012 Back to Top
  • A judgment of the Superior Court of the District of Columbia in a proceeding pursuant to this chapter is not a bar to any afteraction brought by either party, and does not conclude any question of title between them, where title is not pleaded by the defendants.

    (Dec. 23, 1963, 77 Stat. 582, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 560, Pub. L. 91-358, title I, § 145(g)(1).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 16-1505.

    1973 Ed., § 16-1505.