D.C. Code tit. 42 § 42-3605
Default judgment.
Operative Text
The Court shall not enter a default judgment to evict a tenant or occupant who has failed to plead or otherwise defend unless, based upon evidence presented by the plaintiff, the Court determines that the rental unit is a drug haven or nuisance.
Under D.C. Code § 42-3601 et seq. § 42-3605, a court in the District of Columbia is prohibited from automatically entering a default judgment to evict a tenant or occupant simply because that person failed to appear or respond to the lawsuit. Before such a judgment can be issued, the court must first evaluate evidence submitted by the plaintiff and affirmatively find that the rental unit qualifies as a drug haven or nuisance. This provision places a substantive evidentiary burden on the plaintiff even when the tenant does not participate in the proceedings.
Plain English — not legal advice.
Property owners and managers pursuing eviction actions in D.C. should be aware that D.C. Code § 42-3601 et seq. § 42-3605 requires them to present actual evidence to the court establishing that the rental unit is a drug haven or nuisance before a default judgment can be entered. A compliant operator does not assume that a tenant's failure to respond will automatically result in a favorable ruling; instead, they prepare and submit the evidentiary record the court needs to make its determination. Operators generally document conditions thoroughly and work with legal counsel to ensure the evidentiary standard is met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3601 et seq. § 42-3605 provides a meaningful protection for tenants and occupants: even if a tenant fails to appear or respond to an eviction case, the court cannot simply enter a default judgment against them unless the landlord first proves the unit is a drug haven or nuisance. Tenants who learn a default judgment has been entered against them may wish to review whether this evidentiary standard was satisfied, and can explore options such as raising the issue as a defense, contacting a tenant-rights organization in the District, or consulting with a housing attorney. Local resources such as the D.C. Office of the Tenant Advocate may be able to provide guidance on available enforcement paths.
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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