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DC Disposal of Tenant’s Property After Eviction (Ejectment)

The District of Columbia Code Title 42 Chapter 32 Section 10.01 outlines the following manner in which a tenant’s abandoned personal property must be handled after eviction:

Disposal of Tenant’s Personal Property

(a) At the time of an ejectment not subject to Chapter 35 of this title, the landlord shall change the locks on the leased premises in the presence of the United States Marshals Service (“Marshals”), at the landlord’s expense, and take legal possession of the leased premises by receipt of a document from the Marshals.

(b) Any right of the ejected tenant to redeem the tenancy shall be extinguished at the time of ejectment.

(c) Any personal property remaining in or about the leased premises at the time of ejectment is deemed abandoned property.

(d)(1) The landlord shall dispose of any abandoned property in any manner not prohibited by subsection (e) of this section or otherwise expressly prohibited by law.

(2) If the landlord receives any funds from any sale of such abandoned property, the landlord shall pay such funds to the account of the ejected tenant and apply any amounts due the landlord by the ejected tenant, including the actual costs incurred by the landlord in the ejectment process described in this section.

(3) If any funds are remaining after application, the remaining funds shall be treated as a security deposit under applicable law.

(e) The landlord is prohibited from placing or causing the placement of abandoned property in an outdoor space other than a licensed disposal facility or lawful disposal receptacle; provided, that a landlord may place abandoned property or cause abandoned property to be placed in an outdoor private or public space while in the process of transporting the abandoned property from the leased premises for disposal.

(f) The landlord and anyone acting on behalf of the landlord shall be immune from civil liability for loss or damage to the ejected tenant’s abandoned property or claims related to its lawful disposal.

(g) For the purposes of this section, the term:

(1) “Ejectment” shall have the same meaning as the term “eviction” under Chapter 35 of this title.

(2) “Time of ejectment” means the time at which the Marshals execute a writ of restitution.

DC Code § 42–3210.01.

See also DC How to Serve a Notice to Quit.

Return to District of Columbia Landlord-Tenant Laws.