I am living in an apartment in Washington, DC for which I had a year-long lease, beginning in December 2022, so the lease was up in December 2023. At this time I informed my landlord that I would like to continue renting. There was no new agreement signed, but I did use the words "month-to-month" in email. I believe under DC Tenant laws we are abiding by the same agreement that was signed in the initial lease, and (this is where my knowledge stops) I believe this is not what would be considered a "month-to-month" lease.

My landlord has now (February 2024) announced intent to sell the apartment (offering to me first, as per DC law) and, based on their language, they seem to want me out in 30 days. I was under the belief that my landlord must provide me 90 days notice to evict, as would be the case in a full lease.

My research has led me to conflicting information. The DC Tenant Bill of Rights simply points to DC Code 42-3505.01 Evictions, where section (e) says 90-days notice required from a landlord with intent to sell. However other sources say a "month-to-month" lease is called tenancy-at-will and DC Code 42-3203 Tenancy at Will states that a landlord can terminate with 30 days notice for any reason.

This reddit post has someone fairly authoritatively stating

You can serve your tenants 90 days notice to vacate for personal use. (...) Formal lease agreements that have reverted to month-to-month tenancy are different from tenancy at will.

but they make a mistake regarding other DC tenant law so I'm not sure how trustworthy that is. I'm having trouble finding solid definitions for what applies to my situation, or whether just saying the words "month-to-month" has changed the terms between me and my landlord.

So the formal question: Barring any other reason for eviction, is a DC landlord with intent to sell the property required to give 30 days or 90 days notice to evict a tenant who had a formal year-long lease agreement, if notice is given outside the original yearlong term?

Ideally an answer would cite an official document, website, or definitions from the DC or US government. Acceptable answers certainly can contain "it depends on the terms of the lease", in which case it would be very helpful to know what terms and conditions to look for in a lease that may answer the question.


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