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District of Columbia · D.C. Code §42-3404.09DC TOPA when you sell a rented single-family home or condo unit

The District's Tenant Opportunity to Purchase Act requires an owner to give the tenant an opportunity to purchase before selling a housing accommodation (D.C. Code §42-3404.02(a)). For a single-family accommodation – one single-family dwelling, with or without one accessory dwelling unit, or a single rental unit in a condominium, cooperative or homeowners association – the Act applies only as provided in §42-3404.09 (§§42-3401.03, 42-3404.09(a)). For every such tenant, an owner who intends to sell must deliver written notice within 3 calendar days of receiving or soliciting a written offer to purchase; the notice needn't be repeated to the same tenant for a year, liability for failing to give it lies with the owner and doesn't attach to the property, and the tenant may not record a lis pendens over it (§42-3404.09(b)). Full purchase rights apply only to an elderly tenant (62 or older) or a tenant with a disability who signed the lease by March 31, 2018 and moved in by April 15, 2018: the owner delivers an offer of sale with a description of the tenant's rights and a list of help organizations, copying the Office of the Tenant Advocate; the tenant has 20 days to deliver a written statement of interest, then at least 25 days to negotiate a contract, and at least 45 days after contracting to settle – longer if a lender estimates a decision within 75 days (§42-3404.09(c)). To find out whether a tenant claims that status, the owner may send a notice of intent up to 60 days before the offer, and the tenant has 20 days to respond in writing or waives the rights (§42-3404.09(d)). An offer of sale states the price and terms and the tenant's rights, goes by certified mail, tracked delivery or hand, and is copied to the Mayor the same day (§42-3404.03).

The rules for single-family homes and condo units

  1. 1. Notice within 3 days (§42-3404.09(b))

    Of receiving or soliciting a written offer; owner liable, not the property.

  2. 2. Elderly or disabled tenants (§42-3404.09(c))

    Leased by 3/31/2018, moved in by 4/15/2018: full purchase rights.

  3. 3. Their timeline

    20 days to express interest, 25 to negotiate, 45 to settle.

  4. 4. Status check (§42-3404.09(d))

    Notice of intent up to 60 days before the offer; 20 days to respond.

What the TC can do

  • When a DC listing is tenant-occupied, ask on day one when the lease was signed and whether the tenant is 62+ or has a disability.
  • Calendar the 3-day notice from the first written offer received or solicited.
  • If full TOPA rights may apply, build the 20/25/45-day periods into the contract timeline.

Questions about DC TOPA for single-family homes

Does DC TOPA apply when selling a rented condo unit?

A single rental unit in a condominium, cooperative or HOA is a single-family accommodation, so only the notice rule applies – unless the tenant is elderly or has a disability and leased by March 31, 2018 (D.C. Code §§42-3401.03, 42-3404.09).

When must a DC owner notify the tenant of a sale?

Within 3 calendar days of receiving or soliciting, in writing, an offer to purchase (§42-3404.09(b)(1)).

Can a DC tenant stop the sale for a missed notice?

The liability lies with the owner and doesn't attach to the property, and the tenant may not file a lis pendens over the notice (§42-3404.09(b)(3)).

Related guides

Answer "Tenants stay" on a DC deal in ClosingCode and the tenant step links to this guide – add the 3-day TOPA notice as a dated task with an owner.

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Source: Code of the District of Columbia §§42-3401.03, 42-3404.02, 42-3404.03 and 42-3404.09 (code.dccouncil.gov, read October 26, 2026).

General information, not legal advice. TOPA is complex – have a DC attorney review any sale of a tenant-occupied property. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.