TOPA in DC: what sellers of tenant-occupied homes must do

At a glance

What does TOPA mean for a Georgetown seller?

For most Georgetown sellers with a tenant, TOPA comes down to one written notice sent within three days of an offer. A house, a house with one accessory unit, or a single condo unit has been exempt from the full tenant purchase process since 2018. The exception is a tenant who is 62 or older, or has a disability, and who signed a lease by March 31, 2018 and moved in by April 15, 2018.

The real TOPA risk sits elsewhere: in row houses split into two to four units, where the rules changed again in late 2025, and in sellers who forget the three-day notice. If your house has a tenant, sort out which case you're in before you list.

What is the Tenant Opportunity to Purchase Act?

TOPA is part of DC's Rental Housing Conversion and Sale Act of 1980. Before an owner sells a rented housing accommodation, the owner must give the tenant a chance to buy it at a price and terms that represent a bona fide offer of sale. Tenants also get a right of first refusal and notices of sale and transfer.

The Department of Housing and Community Development (DHCD) runs it through its Rental Conversion and Sale Division. Notices go to DHCD as well as to the tenant, which is how the District keeps a record of whether an owner complied.

How do I find out if my property comes under TOPA?

Answer four questions in order. Stop at the first one that settles it.

1. Is the home occupied by a tenant? If no one rents it, TOPA has nothing to attach to.
2. Is it a single-family accommodation? That means one house, one house with one accessory dwelling unit, or one rental unit in a condo, co-op or homeowners association. If yes, go to question 3. If it's a building with two or more full units, see the small-building section below.
3. Is the tenant elderly (62 or older) or disabled as of the date of the offer, and did they sign a lease by March 31, 2018 and move in by April 15, 2018? If no, you owe only the three-day notice.
4. If yes, the modified TOPA process applies, with the timeline in the table further down.

To check what DHCD has on file, you can now ask it to certify whether TOPA notices were received for a property; under the RENTAL Act it must answer within five days.

How TOPA applies by type of property

Georgetown has every type of rented home TOPA cares about. Here they are from least to most exposure.

A house or a single condo unit

Exempt from the full process since the TOPA Single-Family Home Exemption Amendment Act took effect on July 3, 2018. You still owe the tenant a written notice within three calendar days of soliciting or receiving a written offer to buy. That notice covers the tenant for a year. If you're selling a rented unit in one of the city's luxury condo buildings, this is your case.

A row house with an English basement unit

A house with one accessory dwelling unit still counts as single-family under DC Code § 42-3401.03. The question is whether the basement is a legal accessory unit or a second full unit. A house split into two full units isn't a single-family accommodation. If one of the Georgetown row houses you own has a rented lower level, confirm its legal status with a DC real estate attorney before you call the house exempt.

A long-standing elderly or disabled tenant

If the tenant was 62 or older, or disabled, on the offer date and the tenancy began before spring 2018, the modified process applies even to a single house. By 2026 these are tenancies of eight years or more. Treat it as a timing issue: the process adds at least three months.

A two-to-four-unit building

This is where most of the risk lives. The RENTAL Act of 2025, effective December 31, 2025, added exemptions for small buildings. DHCD's FAQ describes them under a two-to-four-unit heading but its text says "fewer than 4 units" where a business or corporation doesn't own a majority interest. Those don't match, and implementing regulations may not be final. If you own a small building in your own name, you may be exempt; confirm with an attorney before relying on it. Owners of exempt properties had to notify tenants of the exemption by March 31, 2026.

Five or more units

Full TOPA applies, with a formal offer of sale to every tenant. The RENTAL Act added exemptions for buildings built in the last 15 years and a few other categories, and a 45-day cooling-off period before a tenant organization can assign its rights. A sale of this size needs a TOPA attorney from the start.

How long does TOPA take in DC?

For an exempt house or condo unit, it adds no waiting period: you send the three-day notice and sell. For the elderly or disabled exception, the statute sets minimums that run in sequence.

Add 20, 25 and 45 days and the minimum is 90 days from the offer of sale, or 120 with a 75-day lender estimate. That's before any notice-of-intent period. A tenant in this process may assign the purchase right only in exchange for 12 months' occupancy at the current rent.

What are TOPA requirements for notices?

The three-day notice

Every seller of a rented single-family accommodation owes it. It's due within three calendar days of receiving or soliciting a written offer, in writing, to the tenant. The safe habit is to send it when the house goes on the market, before any offer arrives.

The notice of intent to sell

If a tenant might qualify for the elderly or disabled exception, send this first. It forces the question: the tenant has 20 days to claim status in writing or waives it, and DHCD rules on status within 30 days. DHCD will issue the determination on request to the owner, the tenant, the settlement company or the owner's real estate agent, so the settlement company can see the answer in writing.

The offer of sale

Where TOPA applies, the offer must state the asking price and material terms, the tenant's right to purchase, whether a third-party contract exists (with a copy within 7 days if asked), and that floor plans and two years of operating expenses are available. It goes to each tenant by certified mail, tracked delivery or hand, and to DHCD the same day.

Delivery and copies to DHCD

Single-family process documents go by first-class mail, tracked delivery, certified mail or hand, with copies to DHCD within 10 days. Since the RENTAL Act, notices can be filed electronically at topa.notices@dc.gov.

What are the recent changes to DC TOPA?

The RENTAL Act of 2025 took effect December 31, 2025. For sellers, five changes matter:

• DHCD must certify receipt or non-receipt of TOPA notices within five days of a request.
• Notices can be filed electronically.
• Exempt transactions need a formal Notice of Transfer.
• The owner bears the burden of proving an exemption.
• If a required Notice of Transfer is missing or misleading, there's a rebuttable presumption that a sale happened.

The single-family rules in § 42-3404.09 weren't changed by the RENTAL Act; they were last amended in 2018.

What happens if a seller violates TOPA in DC?

For an exempt house or condo unit, a missed three-day notice is the owner's problem, not the buyer's. The statute says liability lies with the owner and doesn't attach to the property, and the tenant can't record a lis pendens over it. That protects the sale, but not your own exposure, so send the notice.

For properties under full TOPA, the RENTAL Act raised the stakes: owners carry the burden of proving an exemption, and a missing Notice of Transfer can be presumed to hide a sale. Expect the title company to ask about tenants and notices before it insures the deal.

Mistakes sellers make with TOPA

Calling a two-unit house single-family

A legal accessory unit keeps the exemption. A second full unit doesn't. Find out which you have before you write the listing.

Waiting for a contract to send the notice

The clock starts when you solicit or receive a written offer, not when you sign one.

Leaving out the tenant timeline from the sale plan

If the elderly or disabled exception may apply, a 90-day minimum belongs in your listing schedule. The Georgetown seller's guide covers the rest of the plan, and the DC transfer tax page covers what you'll owe at settlement.

Confirm with a DC real estate attorney

This page describes how TOPA works from the DC Code and DHCD's published guidance. It isn't legal advice. The RENTAL Act's small-building exemption is worded inconsistently by DHCD and its regulations may not be final, and whether a basement is a legal accessory unit is a fact question. Have a DC real estate attorney review any sale of a tenant-occupied home before you list. If you're selling one of the luxury homes in Georgetown with a tenant in place, I can help you line up the notices with the listing date.

Common questions

Sources

• DC Code § 42-3404.02 (tenant opportunity to purchase)
• DC Code § 42-3404.03 (offer of sale)
• DC Code § 42-3404.09 (single-family accommodations)
• DC Code § 42-3401.03 (TOPA definitions)
• DHCD: Conversion and Sales (TOPA)
• DHCD: Summary of Act 22-339, TOPA Single-Family Home Exemption Amendment Act of 2018
• DHCD: RENTAL Act of 2025 FAQ (January 2026)