D.C. Code tit. 42 § 42-3221
Action by landlord for use and occupation of property where no deed; parol agreement as evidence of quantum of damages.
Operative Text
It shall and may be lawful to and for the landlord or landlords, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants, in an action on the case, for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefor be nonsuited, but may make use thereof as an evidence of the quantum of the damages to be recovered.
Under D.C. Code § 42-3201 et seq. § 42-3221, when a rental arrangement was made without a formal deed, a landlord may still bring a legal action to recover reasonable compensation for a tenant's use and occupation of the property. If an oral lease or informal written agreement specifying a particular rent amount surfaces during trial, that evidence is not grounds to dismiss the landlord's claim; instead, it can be used to help determine how much compensation is owed. This provision preserves the landlord's ability to seek fair payment even when the tenancy rests on informal or verbal terms.
Plain English — not legal advice.
Property owners and managers operating under informal or oral rental arrangements in the District of Columbia should be aware that D.C. Code § 42-3201 et seq. § 42-3221 provides a legal pathway to recover reasonable compensation for use and occupation even without a deed-based agreement. Compliant operators generally keep records of any oral or informal agreements, including any rent amounts discussed or paid, because such evidence can be introduced at trial to establish the measure of damages. Maintaining documentation of the occupancy arrangement and any payments received helps support a claim under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3201 et seq. § 42-3221 governs situations where a landlord sues for compensation based on an informal or oral tenancy rather than a formal deed. Tenants in such proceedings should understand that any oral lease or informal agreement referencing a specific rent amount may be introduced as evidence to determine the damages a landlord can recover. Those facing such a claim may wish to consult a tenant-rights organization or legal aid provider familiar with District of Columbia landlord-tenant law to understand how this provision may affect their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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