Thinking about selling or buying a DC duplex, triplex, or fourplex? In Washington, DC, the Tenant Opportunity to Purchase Act (TOPA) can shape your timeline, your deal terms, and your closing plan. You want clarity on who gets what rights and when, so you can move with confidence. This guide breaks down the 2–4 unit process, key deadlines, recent changes, and practical strategies for both sellers and buyers. Let’s dive in.
TOPA basics in DC
TOPA gives tenants a legal opportunity to purchase rental housing before an owner closes a sale. The rules are specific to building size, and 2–4 unit properties follow their own timelines and procedures. The law lives in the D.C. Code, and forms are administered by the Department of Housing and Community Development (DHCD).
- Review TOPA’s core statute in the D.C. Code for context: § 42-3404.02
- Find required DHCD forms and instructions for 2–4 unit buildings: DHCD TOPA forms
- For tenant education and outreach, see the Office of the Tenant Advocate
Does TOPA apply to your 2–4 units?
Check coverage and exemptions
Most 2–4 unit “accommodations” are covered unless a specific exemption applies. Two exemptions come up often:
- Single-family exemption. Many single-family accommodations are exempt under DC’s 2018 law, with narrow exceptions. Some 2‑unit single‑family setups may qualify. Confirm facts against the statute: Single-Family Home Exemption Amendment Act
- New construction exemption. In 2025, the DC Council passed the RENTAL Act, which added a 15‑year exemption for newly constructed multifamily buildings and adjusted some procedures. Verify eligibility and effective dates before relying on it: RENTAL Act overview
If you plan a transfer that is not a typical sale, some transactions may be carved out, subject to strict conditions. See advisory context on recent changes: Transfers and carve-outs
Timeline for 2–4 unit sales
TOPA for 2–4 unit buildings has a fast initial response window, then longer negotiation and financing periods. The statutory specifics are in § 42-3404.10.
Offer of sale and notice
Before a sale can close, the owner must deliver a bona fide written offer of sale to tenants and provide copies to DHCD using the required forms. Keep proof of delivery. Use the correct 2–4 unit forms from DHCD TOPA forms.
Tenant response windows
- Joint tenant interest: 15 days after a valid offer of sale for tenants acting together to deliver a written statement of interest.
- If no joint statement is delivered on time, any single tenant then has 7 days to deliver an individual statement of interest.
A “statement of interest” must clearly express the intent to exercise the right to purchase.
Negotiation and settlement periods
- Negotiation period: at least 90 days to negotiate a contract if tenants express interest. Delays in required information extend this period day-for-day.
- Single-tenant contract window: if no joint contract is reached, owners must allow an additional 30 days for any one tenant to contract.
- After contracting, settlement: at least 90 days for financing. If a lender estimates a decision within 120 days in writing, the owner must grant that extension. If 240 days pass from a valid offer without a sale or contract, the process may need to restart.
Quick snapshot
- 15 days joint + 7 days individual interest windows
- 90 days minimum to negotiate after interest
- 30 days extra for one tenant if joint negotiations fail
- 90 days minimum post-contract to settle, with possible 120-day lender extension
- 240-day restart rule in some cases
Seller strategy checklist
You can reduce risk and keep momentum by planning for TOPA from day one.
- Verify coverage and exemptions. Confirm if your property is covered or exempt under the 2018 single-family rules or the RENTAL Act’s new construction exemption. Start with § 42-3404.10 and the 2018 law.
- Use the right forms. Send a compliant Offer of Sale and file copies with DHCD. Keep certified mail receipts or signed acknowledgments. See DHCD TOPA forms.
- Build realistic timelines. Expect months, not weeks, if tenants engage. Align listing, contract dates, and move-out plans with the statutory windows.
- Strengthen your contract. Many buyers request TOPA compliance reps, escrow holdbacks for unresolved claims, outside dates, and indemnities. See sample themes in public filings: Contract examples.
- Consider assignment paths. Tenants often assign rights to investors or community partners for consideration. These deals require careful timing and documentation. See practice context at dctopa.org.
- Coordinate with title early. Title insurers usually require proof of TOPA compliance before issuing owner’s title insurance. Keep your documentation tight.
Buyer playbook for 2–4 units
Buying in DC means underwriting TOPA risk and timing up front.
- Demand complete TOPA files. Request all notices, DHCD filings, proof of delivery, any statements of interest, waivers, or assignments. Start with the seller’s DHCD-stamped copies from DHCD TOPA forms.
- Negotiate clear protections. Add a TOPA contingency, closing extensions, holdbacks for claims, and an outside date with termination rights. Public acquisition language offers examples of structure: Contract examples.
- Plan financing around timing. Rate locks can expire. Bridge or private lenders familiar with TOPA are common in these deals. See an overview of lender considerations: TOPA financing primer.
- Evaluate assignment purchases. Acquiring tenant assignment rights is common but must follow statutory procedures and any new cooling-off rules from the RENTAL Act. Review current guidance: RENTAL Act overview.
DC vs. Virginia quick note
TOPA is a District of Columbia law. It does not apply to properties in Virginia, including Rappahannock County. For DC rules, rely on the D.C. Code and DHCD guidance, such as § 42-3404.02. If your asset is in Virginia, you will follow Virginia law and any local ordinances instead.
Resource hub
- Core statute for 2–4 units: D.C. Code § 42-3404.10
- Forms and filings: DHCD TOPA forms
- Tenant education: Office of the Tenant Advocate
- Tenant purchase assistance programs: DHCD TOPA assistance
Ready to map your next step? Whether you are evaluating a sale timeline or underwriting a purchase, you deserve a clear plan and tight documentation. For a strategy session and referrals to the right DC resources, connect with Margo D Scott.
FAQs
What is TOPA for 2–4 unit buildings in DC?
- TOPA gives tenants a legal opportunity to purchase before a sale closes, with specific timelines and procedures for 2–4 unit properties outlined in § 42-3404.10.
How long can TOPA delay a 2–4 unit sale?
- Expect at least a 15-day joint and 7-day individual response window, a 90-day negotiation period if tenants express interest, a 30-day single-tenant window, and at least 90 days after contracting to settle, with possible lender extensions and a 240-day restart rule in some cases.
Are single-family homes or duplexes exempt from TOPA?
- Many single-family accommodations are exempt under the 2018 law, with narrow exceptions, and some 2‑unit single‑family setups may qualify, so confirm specifics in the 2018 exemption law.
Can tenants assign their TOPA rights to a buyer?
- Yes, assignments are common when allowed, but timing and documentation must follow the statute and any newer rules under the RENTAL Act; see context at dctopa.org.
Who administers and enforces TOPA in DC?
- DHCD manages forms and filings, and the Office of the Tenant Advocate provides education and outreach; start with DHCD TOPA forms and the OTA overview.
