Writ of Restitution in DC: Timing, Validity, Redemption and Stays
The last step of a DC eviction is the writ of restitution. Here is when it can issue, how long it lasts, how a nonpayment tenant can redeem the tenancy and what a stay can and cannot do.
What is a writ of restitution?
It is the court document that authorizes the landlord to recover the unit, carried out by the U.S. Marshals Service. In a case other than a redeemable nonpayment judgment, no writ may issue until two days after a default judgment or a judgment entered at a hearing or trial, and the prepared writ and the Marshal’s 3-day notice to the tenant are filed when the writ is ordered (L&T Rule 16). The DC eviction timeline calculator shows the earliest dates.
How long is a writ valid?
A writ of restitution is valid for 75 days. If it is not carried out in that time the landlord must file an alias writ. A writ cannot issue later than 90 days after the judgment, a default or the lifting of a stay, unless the court gives leave after a notice to the tenant (Rule 16).
How does a nonpayment tenant redeem the tenancy?
After a judgment for possession for nonpayment, the plaintiff files a notice to the tenant of the payment required to avoid eviction, and the tenant can stop the eviction by paying that amount; a tenant who thinks the amount is wrong can apply to reduce it (Rule 14-II). Ask the clerk of the Landlord and Tenant Branch for the current form.
Can a tenant get a stay?
Yes. A party may move, orally or in writing, to stay the execution of a writ. If the writ can be executed, the court may in its discretion impose a stay of no more than three business days unless the other side agrees to more; a motion or notice of appeal filed within 3 days of the judgment can also delay a writ (Rule 16). Ask a licensed attorney or Legal Aid immediately.
What happens to belongings?
Execution of the writ terminates all tenant rights in the premises, and the landlord must handle belongings left behind as the law requires. Remove what you can before the date, and photograph the unit. Ask the Office of the Tenant Advocate what applies to your property.
Can a landlord act before the writ?
No. A landlord who changes the locks or removes belongings before the Marshal acts is engaging in self-help, which the District does not allow. See self-help evictions in DC.
Example: from judgment to eviction
| When | What can happen |
|---|---|
| Day 0 | Judgment for the landlord is entered |
| Day 2 | The writ of restitution may issue, with the Marshal’s 3-day notice |
| Day 5 or later | The Marshal can carry out the eviction |
| Within 75 days of issuance | The writ must be carried out or an alias writ obtained |
| Within 90 days of judgment | The writ must issue unless the court gives leave |
Why the 90 days matter
A writ cannot issue later than 90 days after the judgment, a default or the lifting of a stay, unless the court grants leave after notice to the tenant. A landlord that waits risks having to ask the court for leave, and a tenant who is still in the unit after that time should ask the clerk whether the old judgment can still be used. Keep every paper from the case.
What a tenant can do with the time
Collect belongings and important papers, photograph the unit and its condition, give the landlord your forwarding address in writing for the deposit, ask a licensed attorney or Legal Aid about a stay or redemption, and keep every paper from the case. A landlord should keep the judgment, the writ and the Marshal’s notice.
Frequently asked questions
How soon can a writ of restitution issue in DC?
Two days after a default or judgment, subject to the nonpayment redemption notice.
How long is a DC writ valid?
75 days.
Who carries out an eviction in DC?
The U.S. Marshals Service.
Can a tenant get a stay?
The court may impose a short stay of up to three business days when the writ can be executed.
Can I avoid eviction after a nonpayment judgment?
You may be able to pay the amount stated in the notice to redeem the tenancy.
Official sources
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.