In the absence of the tenant, can the landlord give the notice to quit to the tenant’s brother staying at the rental unit?

Full question:

I need my tenant to leave the house so that I can let my friend stay there. But the problem is that my tenant is out on a business tour, and at present, it is only his brother staying at the house. Is it enough if I give the notice to quit to the tenant’s brother? I live in District of Columbia.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: District of Columbia

Answer:

Yes, you can give the notice to quit to the tenant’s brother, if your tenant is not available at the moment. According to D.C. Code § 42-3206, you can give the notice to quit to any other person who is an adult and present at the rental house, in case your tenant is not present there.  

D.C. Code § 42-3206 reads:
 

“Every notice to the tenant to quit shall be served in English and Spanish upon him personally, if he can be found, and if he can not be found it shall be sufficient service of said notice to deliver the same to some person of proper age upon the premises, and in the absence of such tenant or person to post the same in some conspicuous place upon the leased premises. If the notice is posted on the premises, a copy of the notice shall be mailed first class U.S. mail, postage prepaid, to the premises sought to be recovered, in the name of the person known to be in possession of the premises, or if unknown, in the name of the person occupying the premises, within 3 calendar days of the date of posting.”