DC UrbanTurf recently got a question from a reader regarding a tenant selling his Tenant Opportunity to Purchase Act (TOPA) right of first refusal. In answering the question, DC UrbanTurf quoted Attorney Aaron Sokolow, who regularly advises landlords and tenants on DC TOPA rights and litigation. The article can be found here.
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:
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.
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.
The DC Landlord and Tenant Court is experimenting with two new procedures to allow lawyers to more efficiently manage their calendars.
First, when cases have lawyers involved on both sides, motions, status hearings, and further initial hearings can be scheduled for 2 p.m. Matters with a pro se litigant are not eligible for the 2 p.m. time slot.
Second, the clerk of the court will have a new sign-in sheet that allows parties to indicate when they are ready and the estimated length of the hearing.
We applaud the efforts to make the scheduling of matters as effective as possible.
