Complete guide to Washington DC TOPA compliance, timelines, offer requirements, exemptions, and landlord obligations under the Tenant Opportunity to Purchase Act.
Usually not, if you own a single-family home or a single condo or co-op unit: D.C. Code § 42-3404.09 exempts single-family accommodations from TOPA’s offer-of-sale process. You must still give your tenant written notice within 3 calendar days of receiving or soliciting an offer, and give them a right of first refusal. The full offer-of-sale process still applies to buildings with 2 or more units, and to a single-family accommodation whose tenant was elderly or has a disability and who signed by March 31, 2018 and occupied by April 15, 2018.
It depends on the building. 2-4 units: tenants acting jointly have 15 days to deliver a written statement of interest, then an individual tenant has 7 more days, followed by a negotiation period of at least 90 days (§ 42-3404.10). 5 or more units: 45 days to register a tenant organization (30 days if one already exists), then at least 120 days to negotiate (§ 42-3404.11). Single-family accommodations are exempt; in the narrow grandfathered case of an elderly or disabled tenant, the statement of interest is due in 20 days (§ 42-3404.09).
Yes, but one step remains. You must sell at the same or higher price and on similar terms as you offered the tenants — and under D.C. Code § 42-3404.08 the tenant keeps a right of first refusal: once you sign a contract with a third party you must deliver that contract to the tenant, who then has 15 days to match it. Skipping that step is how DC sales get voided after closing.
The real risk is the sale itself: a tenant can sue to void or unwind a transfer made in violation of TOPA. D.C. Code § 42-3405.03 lets a tenant bring a civil action and recover actual damages, costs and reasonable attorney fees (and double any interest collected in violation), and the Mayor can issue cease-and-desist orders. Courts take TOPA seriously — strict compliance is essential.
Yes. Tenants can assign their TOPA rights to a third-party buyer, such as a housing nonprofit, investor, or cooperative organization. You must honor the assignment and sell to the assignee under the same terms.
A valid offer must include: the purchase price, financing terms, proposed settlement date, property description (including square footage), material conditions, and a copy of the DHCD Notice of Tenant Rights. It must be delivered via certified mail or hand delivery with signed receipt.
No. TOPA only applies when there are tenants in occupancy at the time of sale. If a property is vacant, you can sell directly to any buyer without TOPA notice requirements.
In buildings with 2 or more units, tenants hold TOPA rights collectively. In a 2-4 unit building they act jointly within 15 days (§ 42-3404.10). In a building of 5 or more, they have 45 days to form and register a tenant organization — 30 days if one already exists — and then at least 120 days to negotiate (§ 42-3404.11). There is no 5-day deadline anywhere in the statute. Tenants may assign their rights to a designated purchaser.
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