Washington, D.C., law governs much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all D.C. landlords and tenants.
Before a landlord can request any information or fees from a prospective tenant, the landlord must first tell the person in writing or by posting:
(D.C. Code § 42-3505.10 (2024).)
Landlords can't charge more than $50 for rental applications. However, landlords must check this limit each year, because it can be adjusted based on inflation. (D.C. Code § 42-3505.10(b) (2024).) The annual fee cap is published each year by the Rental Housing Commission, and can be found on the website of the Office of the Tenant Advocate.
If an applicant applies for a unit that is owned and operated by a landlord and, within 30 days, the applicant applies for another unit owned or operated by the same landlord, the landlord can charge only one application fee unless they're required to perform more than one screening. (D.C. Code § 42-3505.10(b-1) (2024).)
Also, before a landlord can accept a nonrefundable application fee or security deposit, they must provide the applicant with a written notice of any requests that are pending for an adjustment in the unit's rent ceiling. The notification must include the current rent ceiling, the requested rent ceiling, the petition filing date and number, and the nature of any repairs or rehabilitation planned as part of the petition. (D.C. Mun. Regs. tit. 14, § 315 (2024).)
Landlords can't inquire about or base a denial on a previous eviction suit if the suit wasn't decided in favor of the landlord or if it was filed more than three years ago.
Landlords also can't deny a rental based on the allegation that the applicant breached a lease if the alleged breach:
Finally, landlords also can't deny a rental based solely on an applicant's credit score (or lack thereof), although the landlord can rely on information within a credit or consumer report that relates directly to the applicant's fitness as a tenant.
Applicants have the right to know why their application was rejected, see the basis for the rejection, and object to or correct information that the landlord relied upon.
(D.C. Code § 42-3505.10 (2024).)
Landlords can't ask about or consider an applicant's previous arrest if the arrest didn't result in a conviction.
Landlords can't ask about or require applicants to disclose or reveal pending criminal accusations or convictions until they've made a conditional offer of the rental. After the landlord makes a conditional offer, they can consider pending criminal accusations or convictions only if they've occurred within the past seven years and was for one (or more) of a specific list of crimes. The landlord can base a refusal on the applicant's criminal record only if it serves a substantial, legitimate, and nondiscriminatory interest. (D.C. Code § 42-3541.02 (2024).)
All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:
Washington, D.C.'s Human Rights Act adds a number of additional protected categories, such as source of income, genetic information, and place of residence or business. (D.C. Code § 2-1402.21 (2024).) You can find the whole list in the Office of Human Rights' publication, Protected Traits in the DC Human Rights Act.
Washington, D.C., landlords can charge no more than one month's rent for a security deposit. (D.C. Mun. Regs. tit. 4, § 308.2 (2024).)
The landlord must lay out the terms and conditions of the security deposit in the lease, rental agreement, or receipt for the deposit. (D.C. Mun. Regs. tit. 4, § 308.6 (2024).)
All security deposits must be placed into an escrow account located in Washington, D.C., within 30 days of receipt. The account must earn interest. Interest must be paid to the tenant for any tenancy that lasts 12 or more months, and is due to the tenant when the tenancy ends. (D.C. Mun. Regs. tit. 4, §§ 308.3, 308.4, 311.2 (2024).)
Within 45 days of the termination of the tenancy, the landlord must either:
(D.C. Mun. Regs. tit. 4, § 309.1 (2024).)
If the landlord plans to withhold funds from the security deposit, they must—within 30 days of notifying the tenant as described above—return the remaining funds with an itemized statement of the repairs and ways the funds were applied. (D.C. Mun. Regs. tit. 4, § 309.2 (2024).)
If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Washington, D.C., can hear cases in which the plaintiff—the person suing—isn't asking for more than $10,000.
Small claims court procedures tend to be simpler than those of regular courts, and although Washington, D.C., allows parties to have lawyers, many people represent themselves.
In Washington, D.C., rent is due on whatever day the landlord and tenant agree to. D.C. law also requires landlords to inform tenants of late fees and requires certain other disclosures.
Washington, D.C., allows landlords to charge tenants a late fee of up to 5%, but only when the:
In other words, D.C. requires landlords to give tenants at least a five-day grace period for paying rent. The grace period can be longer—but not shorter—than five days if agreed to in the lease or rental agreement.
Landlords are not allowed to:
Although the landlord can't deduct unpaid late fees from future rent payments, the landlord can take unpaid late fees out of the tenant's security deposit when the tenancy ends.
(D.C. Code § 42-3505.31 (2024).)
The Office of the Tenant Advocate has more information online about late fees.
In many areas, landlords must disclose specific information to tenants and potential tenants. Washington, D.C., landlords must disclose information about:
In addition, landlords in all states must follow federal lead-based paint disclosure rules.
Like landlords throughout the country, Washington, D.C., landlords must provide rentals that are safe and fit for human habitation. Specifically, D.C. landlords must:
(D.C. Mun. Regs. tit. 14, §§ 301, 400 (2024).)
When a landlord fails to provide a habitable rental in Washington, D.C., tenants have options.
If a rental becomes unsafe or unsanitary due to the actions of the landlord (or the landlord's failure to act), the lease can be voided if the landlord doesn't correct the problem after receiving a notice of the problem. (D.C. Mun. Regs. tit. 14, § 302 (2024).)
And, although D.C.'s laws don't explicitly state that tenants have the right to withhold rent when a landlord fails to fix habitability problems, it appears that they can do so—with caution. D.C. law states that there's a rebuttable presumption (assumption) that a landlord is illegally retaliating if they try to evict a tenant within six months of a tenant's legally withholding all or part of the rent after giving the landlord reasonable notice of a housing regulation violation. (D.C. Mun. Regs. tit. 14, § 4303 (2024).)
Tenants should withhold rent only if they have given the landlord clear, written notice describing the problem, and given the landlord the opportunity to fix it. What's considered a reasonable amount of time to fix the problem depends on the issue itself—a serious problem, such as lack of heat in the winter, should be fixed almost immediately. A more minor problem, such as a tear in a screen, doesn't have to be addressed as quickly.
Washington, D.C., landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.
Washington, D.C., has "just cause" protections for tenants—this means that landlords can't end a tenancy just because the lease term has expired. Instead, landlords can end a tenancy only when:
(D.C. Code § 42-3505.01 (2024).)
The procedures for ending the tenancy depend on the landlord's reason for wanting the tenant out. Here's a breakdown of the procedures for the most common reasons for ending a tenancy; you can find more information about the procedures for other reasons in the statute.
When a tenant hasn't paid rent, the landlord must provide the tenant with written notice of intent to file for eviction at least 30 days before filing. The tenant must have failed to pay at least $600 of rent—failure to pay smaller amounts isn't grounds enough for an eviction.
The written notice must contain the language outlined in the statute (or substantively similar language). If the tenant doesn't pay the rent in full within 30 days of receiving the notice, the landlord can file an eviction lawsuit.
(D.C. Code § 42-3505.01(a), (a-1) (2024).)
When a tenant is violating the lease or rental agreement—for example, by having a pet despite a no-pets policy—the landlord must give the tenant a 30-day written notice to fix the problem. If the tenant doesn't fix the problem or move out within those 30 days, the landlord can file an eviction lawsuit.
(D.C. Code § 42-3505.01(b) (2024).)
If the tenant (or someone occupying the rental with the tenant) performs an illegal act at the rental, the landlord can serve them with a 30-day notice to vacate. The landlord doesn't have to give the tenant a chance to remedy the situation. If the tenant doesn't move out within 30 days, the landlord can file an eviction lawsuit.
(D.C. Code § 42-3505.01(c) (2024).)
Unlike most other places, landlords in D.C. can't end a month-to-month tenancy unless they have cause to do so. The notice periods for terminating the tenancy are the same as they are for all other leases. (D.C. Code § 42-3505.01 (2024).)
Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.
D.C. law also provides a defense against eviction for tenants who are victims of intrafamily offenses (domestic violence). If the landlord is seeking to evict a tenant due to acts relating to the violence, the tenant can raise this as a defense. (D.C. Code § 42-3505.01(c-1) (2024).)
Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Otherwise, under D.C. law, landlords can enter a rental unit only for a reasonable purpose, at a reasonable time, and after having provided the tenant with reasonable notice.
(D.C. Code § 42-3505.51 (2024).)
Washington, D.C.'s landlord-tenant laws are mostly found within either the D.C. Code or the D.C. Municipal Regulations.
For all things landlord-tenant, check the website of the D.C. Office of the Tenant Advocate. You'll find information about landlord-tenant laws, legal representation, and rent control. You can also download a copy of the Tenant Bill of Rights from its website.
The Department of Housing and Community Development's website also has a wealth of information for renters and landlords. The Rental Accommodations Division administers rent control within the District.
Finally, you can find out more information about evictions and court matters on the D.C. Courts' landlord and tenant website.
Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Washington, D.C. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.
For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.
You'll also find a wealth of information in Nolo's landlord-tenant books.
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