D.C. Code tit. 42 § 42-3217
Distress not unlawful and party making it not trespasser ab initio because of irregularity; special damages recoverable; costs; tender of amends defeats recovery.
Operative Text
Where any distress shall be made for any kind of rent justly due, and any irregularity or unlawful act shall be afterwards done by the party or parties distraining, or by his, her, or their agents; the distress itself shall not be therefore deemed to be unlawful, nor the party or parties making it be deemed a trespasser or trespassers ab initio; but the party or parties aggrieved by such unlawful act or irregularity shall or may recover full satisfaction for the special damage he, she, or they shall have sustained thereby, and no more, in an action of trespass or on the case at the election of the plaintiff or plaintiffs; provided always, that where the plaintiff or plaintiffs shall recover in such action, he, she, or they shall be paid his, her, or their full costs of suit, and have all the like remedies for the same as in other cases of costs; provided nevertheless, that no tenant or tenants, lessee or lessees, shall recover in any action for any such unlawful act or irregularity as aforesaid, if tender of amends hath been made by the party or parties distraining, his, her, or their agent or agents, before such action brought.
Under D.C. Code § 42-3201 et seq. § 42-3217, a lawful distress (seizure of property to satisfy unpaid rent) does not become entirely unlawful simply because the party carrying it out later commits an irregularity or unlawful act during the process. The aggrieved party may sue for the actual special damages caused by that specific wrongful act, but cannot treat the entire distress as void from the start. However, if the distraining party offers a tender of amends before any lawsuit is filed, that offer bars the aggrieved party from recovering in such an action.
Plain English — not legal advice.
Property owners and managers operating under D.C. Code § 42-3201 et seq. § 42-3217 should understand that a distress for genuinely owed rent retains its legal validity even if procedural missteps occur afterward. Compliant operators generally ensure their agents follow all procedural requirements throughout the distress process to minimize exposure to special-damages claims. When an irregularity does occur, promptly offering a tender of amends before any lawsuit is filed is a recognized mechanism under this provision that can defeat a tenant's recovery in court.
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. § 42-3217 provides that if a landlord or their agent commits an unlawful act or irregularity during an otherwise valid distress, a tenant who suffers actual harm from that specific wrongful act may bring a trespass or case action to recover the special damages sustained. Tenants should be aware that recovery is limited to those actual special damages, and that a landlord's timely tender of amends made before suit is filed can bar recovery entirely. Tenants who believe they have been harmed by an irregular distress may wish to consult a tenant-rights organization or legal aid provider to understand their options under this provision.
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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