DC TOPA

Making Sense of DC TOPA

As you may know, Tenants have very strong rights in the District of Columbia and it’s important that as a landlord and Seller, you fully understand these rights and what’s required.  Tenants are PROHIBITED from waiving their right to receive the Offer of Sale or the Right of First Refusal.  However, upon receipt of the Offer of Sale and Right of First Refusal, they may waive their other tenant’s rights in exchange for any consideration they find acceptable.

Please download and READ the appropriate DCRA Topa package:

There are three different sets of instructions attached.  One entitled “Instructions for Preparing and Issuing an Offer of Sale WITH a Third Party Sale Contract…”, one entitled “Instructions for Preparing and Issuing an Offer of Sale WITHOUT a Third Party Sale Contract…” , and finally “Instructions for Preparing and Issuing a Right of First Refusal…” PLEASE READ AND FOLLOW THE INSTRUCTIONS CAREFULLY and if you have any questions please contact DCRA at (202) 442-9505.

AFTER the above DC Topa requirements have been met,  please forward to our office copies of the following:

  1. Sales Contract.
  2. Copy of Offer of Sale
  3. Copy of Certified Mail Receipt to Tenant
  4. Copy of Certified Mail Receipt to DCRA (or receipt if filed in person)
  5. Copy of Affidavit of Delivery of Offer of Sale (attached)
  6. Copy of written statement by Tenant waiving tenant’s rights (if applicable – Sample Form Attached).
  7. Copy of Right of First Refusal
  8. Evidence that Right of First Refusal was sent to both Tenant and DCRA
  9. Copy of written statement by Tenant waiving tenant’s rights (if applicable – Sample Form Attached).
  10. Evidence that DCRA received a copy of the above-signed waiver documents (if applicable).
  11. Seller Topa Affidavit (Attached)
  12. Buyer Topa Affidavit (Attached)

Helpful Tips:

  1. Review of File Letters
  2. Follow the form Instructions CAREFULLY
  3. Complete the notice in its entirety including the delivery affidavit
  4. Proper service; certified mail to tenants by hand or certified mail to CASD
  5. Pay a few bucks more and obtain a delivery confirmation from USPS
  6. For housing accommodations with more than 1 rental unit, take time-date stamped digital photographs of the posted offer of sale.
  7. Nothing in statute regarding tenants’ obligation to pick up the certified mail filing – only owner’s obligation to send via certified mail.