Washington DC Courts | Legal Forms – Form 1D

Form 1D – Verified Complaint for Possession of Real Property (Commercial Property) – Washington DC

Form 1D – Verified Complaint for Possession of Real Property (Commercial Property) is a legal document used in the Superior Court of the District of Columbia, Civil Division – Landlord and Tenant Branch, to initiate a legal process for reclaiming possession of commercial property from a tenant. Form 1D is typically filed by a landlord, property owner, or an authorized agent when a commercial tenant fails to comply with the terms of the lease agreement.

Form 1D serves as a formal verified complaint that outlines the plaintiff’s case for reclaiming possession of commercial property. It details the legal basis for the complaint, including non-payment of rent, lease violations, and other relevant issues. Properly completing and filing this form initiates the legal proceedings in the Landlord and Tenant Branch of the Superior Court of the District of Columbia.

Form 1D is used to file a complaint for possession of commercial property in the Superior Court of the District of Columbia. Follow these steps to fill out the form correctly:

Header Information

• Case Number: Leave this blank; the court will assign a case number.
• Plaintiff(s): Enter the full legal name(s) of the person(s) or entity(ies) filing the complaint.
• Defendant(s): Enter the full legal name(s) of the person(s) or entity(ies) being sued.

Plaintiff and Defendant Details

• Address
  • Plaintiff: Provide a physical address (no P.O. boxes) for the plaintiff.
  • Defendant: Provide a physical address (no P.O. boxes) for the defendant.
• City, State, Zip Code: Enter the city, state, and zip code for both the plaintiff and the defendant.
• Phone Number: Provide phone numbers for both the plaintiff and the defendant.
• Email Address: Provide email addresses for both the plaintiff and the defendant.

Section I: Basis for Complaint

• Affirmation
  • Enter the plaintiff’s name in the blank space.
  • Indicate the role by checking the appropriate box (Plaintiff, Plaintiff’s attorney, or Plaintiff’s agent).
  • Explain the relationship to the plaintiff, including the title if the plaintiff is a corporation.
• Plaintiff’s Role
  • Check the appropriate box indicating whether the plaintiff is the landlord/owner, a personal representative of the estate, or has another right to possession (explain if necessary).
• Other Pending Cases
  • Indicate if there are other landlord and tenant cases pending against the defendant by checking “yes” or “no”.
  • If “yes”, provide the names and case numbers of the pending cases.
• Property Details
  • Enter the address of the commercial property in question.

• • Check the box and provide the amount due if the defendant failed to pay rent or other charges (e.g., CAM, utilities, taxes, late fees, attorney’s fees, or other amounts).
• Notice to Quit
  • Indicate if a notice to quit has been served, if the defendant has waived this right in the lease, or if the right has been waived in another document (attach a copy if applicable).
• Termination Notice
  • If the defendant failed to vacate after the expiration of a notice, check the appropriate box and attach a copy of the notice and the declaration of service.
  • Specify the facts from the notice and indicate compliance details, such as violated lease provisions or uncorrected violations.
• Other Reasons
  • Check the box if the defendant is holding over after the lease expiration, has no legal right to occupy, or other reasons (provide a full explanation).

Section II: Relief Requested

• Relief Options

• Check all applicable boxes indicating the relief you are requesting from the court:
  • Redeemable judgment for possession.
  • Non-redeemable judgment for possession.
  • Money judgment for rent and fees (specify the total amount).
  • Protective order for future rent payments into the Court Registry.

Notarization

• Notary Public
  • Leave the notary section blank; this will be completed by a notary public when you swear or affirm the complaint.
• Plaintiff/Plaintiff’s Attorney/Plaintiff’s Agent
  • Print the name, title (if any), address, email address, and phone number of the person signing the complaint.
  • Provide the attorney bar number if applicable.
  • The person signing should also sign and date the form in front of a notary.

Important Notices

• Notice to Defendants
  • Inform the defendant that they should have received additional forms titled “Summons to Appear in Court” and “Initial Hearing Notice and Instructions.”
  • If not received, instruct them to call the Landlord-Tenant Clerk’s Office at 202-879-4879.
• Language Assistance
  • For translation services, defendants can call 202-879-4828.

Final Steps

• Review: Double-check all entries for accuracy and completeness.
• Attachments: Ensure all required attachments (e.g., notices, waivers) are included.
• Submission: Submit the completed form and attachments to the Superior Court of the District of Columbia, Civil Division – Landlord and Tenant Branch at the address provided.

By carefully following these instructions, you can ensure that Form 1D is completed accurately and efficiently.