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What should I do if the case settles before the court date?

If the parties reach an agreement or settlement out of court prior to the court date, the plaintiff must file a Notice to Court (an official form used to request the clerk or court to perform an act) asking the Court to dismiss the complaint and mark the case as settled. If the defendant has filed a counterclaim or other action, the defendant must also file a Notice to Court to dismiss his or her claim and mark the case as settled. The parties may also file their settlement agreement with the Court. Notice to Court forms are available at the Clerk's office or on the DC Courts website.

What will happen if the landlord does not agree on the dates when I can pay the rent, when repairs will be made, or other items?

If you cannot reach an agreement with your landlord, you can ask a court-trained mediator to help you work out an agreement. You also have the right to take your case in front of the judge. The judge cannot force the landlord to accept payment dates or other terms that the landlord does not agree to. But, if you have defenses to the landlord's claims, you can ask the court for a trial. However, if you do not have any defenses, the judge may enter a judgment against you. If you are not sure whether you have defenses, you should talk to an attorney in the Landlord and Tenant Legal Assistance Network, Rising for Justice, or another attorney to make sure that you are making the best decision for your case. If you need more time to talk to a lawyer, you can ask the judge for a continuance.

What should I bring to my hearing?

What should I bring to my hearing? You should bring any and all information pertaining to your case and your hearing notice, inlcuding but not limited to, case number, personal identification (if not remote) and any evidence that is appropriate for the hearing. Examples of evidence that relate to your case may include: your lease, rent receipts, other receipts, ledgers, photos, emails, complaints, notices to vacate, notices to vacate or correct, notice to quit, nonpayment of rent notice, or anything else that will explain your side of the case.

Who can sue in Landlord and Tenant Court?

Only landlords or others who want to evict a tenant or another occupant from their property can sue in Landlord and Tenant Court. A person or company seeking to evict a tenant or other occupant can file a Complaint for Possession in the Landlord and Tenant Clerk's Office. If a landlord only wants to sue for rent or other damages (but not possession of the property), the landlord must bring suit in Small Claims or the Civil Actions Branch. Tenants who wish to sue their landlords must bring suit in Small Claims or the Civil Actions Branch. Tenants with certain kinds of claims against their landlords can also file petitions and request a hearing in the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs (202-442-4610).

Will my court costs and interest be included in my judgment?

The judge decides if one party must pay the costs of the lawsuit for the other party. Your judgment can include fees paid to the Marshal and the Court. Your judgment will not include fees paid to the special process server to serve the defendant. See SCR-SC 15(a). Certain judgments include payment of interest on the amount owed. See DC Code § 15-109. The judgment interest rate is the legal or statutory rate of interest, unless the claim is based on a contract that states another rate. The legal or statutory interest rate is available in the Small Claims Clerk’s Office (Court Building B, Room 120) and on the internet at http://www.dccourts.gov/dccourts/superior/civil/index.jsp. Judgments against the District of Columbia or its employees or officers can not include an interest rate of more than 4% per year. If the action is based on a contract, the judgment interest rate is the rate stated in the contract, from the date it was due and payable, until paid. See DC Code §§ 28-3302 and 15-108.

Do I need to file an answer?

In landlord and tenant cases, defendants are not required to file an answer, plea, or other defense(s) in writing.

In most small claims cases, defendants are not required to file an answer, plea, or other defense(s) in writing. Instead, defendants can just tell the judge why they disagree that they owe some or all of the money the plaintiff is suing for when they are in court.