District of Columbia Code
Subchapter I - Ejectment
§ 16–1124. Ejectment for non-payment of rent; time limitation on relief from judgment; set-off; dismissal upon payment

(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.)
1981 Ed., § 16-1124.
1973 Ed., § 16-1124.

Structure District of Columbia Code

District of Columbia Code

Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]

Chapter 11 - Ejectment and Other Real Property Actions

Subchapter I - Ejectment

§ 16–1101. Parties defendant; joint tenants and tenants in common

§ 16–1102. Failure of tenant to give notice to landlord

§ 16–1103. Contents of complaint; adverse possession

§ 16–1104. Proof necessary

§ 16–1105. Legal title in mortgagee or trustee; possession

§ 16–1106. Performance of contract by vendee as precluding vendor from recovery

§ 16–1107. Several judgments against defendants occupying distinct parcels

§ 16–1108. Recovery of less than is claimed

§ 16–1109. Recovery of mesne profits and damages; separate count

§ 16–1110. Recovery, by landlord, of furniture, arrears in rent, and damages; separate counts

§ 16–1111. Separate action for rent or damages

§ 16–1112. Expiration of title pending suit; damages

§ 16–1113. Defense of adverse possession; enclosure

§ 16–1114. Verdict; judgment; costs; future actions

§ 16–1115. Conclusiveness of final judgment

§ 16–1116. Improvements; notice; good faith; directions to jury; measure of damages

§ 16–1117. New trial as to assessment

§ 16–1118. Judgment for damages in excess of improvements

§ 16–1119. Judgment when improvements and damages are equal

§ 16–1120. Election of plaintiff if value of improvements exceeds damages

§ 16–1121. Judgment and writ of possession after payment for improvements

§ 16–1122. Judgment and writ of possession after tender of deed and defendant’s refusal to pay

§ 16–1123. Judgment for defendant after plaintiff’s refusal to pay excess or tender deed

§ 16–1124. Ejectment for non-payment of rent; time limitation on relief from judgment; set-off; dismissal upon payment