Overview of Landlord-Tenant Laws in D.C.

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.

Washington, D.C., Rental Application and Tenant Screening Laws

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:

• the amount and purpose of each fee or deposit, whether it's mandatory or voluntary, and whether it's refundable
• the types of information that the landlord will review
• any additional criteria that might result in denial of the application
• if a credit or consumer report is used, the name and contact information of the reporting agency and a statement of the applicant's rights to obtain a free copy of the report in the event of a denial or other adverse action
• the approximate number of rental units that will be available for rent over a specified period, by bedroom size and monthly rent (or, if this information isn't available, the number of rental units that became available for rent each calendar month in the previous year)
• how long it will take the landlord to approve or deny the application
• the applicant's right to dispute any information relied upon by the landlord that is inaccurately or incorrectly attributed to the applicant or is based upon the landlord's use of prohibited criteria, and the right to receive a response from the landlord about any information that the applicant disputes
• the applicant's right to a refund for any unused application fee; and
• the applicant's right to file a complaint with the Office of Human Rights or pursue civil action in court if the applicant believes the landlord has violated rental application laws.

(D.C. Code § 42-3505.10 (2024).)

Application Fees

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).)

Tenant Screening Reports

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:

• stemmed from an incident that related to being a victim of domestic violence, dating violence, sexual assault, or stalking
• stemmed from an incident in which the applicant was a victim of a crime in the unit subject to the lease, or
• took place three or more years ago.

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).)

Criminal History Screening

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).)

Fair Housing Laws

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:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

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., Security Deposit Laws

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).)

What Landlords Must Do Before Accepting a Security Deposit

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).)

How Landlords Must Hold Security Deposits

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).)

Security Deposit Return

Within 45 days of the termination of the tenancy, the landlord must either:

• return the security deposit—with interest if due—to the tenant or
• notify the tenant in writing of the landlord's intent to withhold and apply the funds to unpaid rent or damages.

(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).)

Required Landlord Disclosures in Washington, D.C.

In many areas, landlords must disclose specific information to tenants and potential tenants. Washington, D.C., landlords must disclose information about:

• The specific rental: Upon receiving a rental application, landlords must provide on a disclosure form published by the Rent Administrator (or in another suitable format until a form is published) along with supporting documents each of the following : (a) the unit's rental rate; (b) any pending petitions filed that could affect the rental unit, including petitions for rent increases during the following 12 months; (c) any surcharges on the rent (including capital improvement surcharges) and the date they expire; (d) the frequency of possible rent increases; (e) the rent-controlled or exempt status of the rental, its business license, and a copy of the registration or claim of exemption (and any recent related filings); (f) all copies of code violation reports for the rental within the last 12 months, or previously issued reports for violations that have not been abated; (g) the Rent Administrator's pamphlet that explains rent increases and petitions that can be filed; (h) the amount of any nonrefundable application fee; (i) the amount of the security deposit, the interest rate on the security deposit, and how the security deposit will be returned when the tenant vacates the unit; (j) ownership information; (k) information about the presence of mold in the rental unit or common areas in the previous three years, unless the mold has been remediated by certified and licensed indoor mold remediation professional; (l) the voter registration packet developed by the D.C. Board of Elections (this packet should be part of the Rent Administrator's disclosure form, but if it has not been included in the form, the landlord should provide the packet if one exists); and (m) a copy of the current Tenant Bill of Rights published by the Office of the Tenant Advocate. (D.C. Code § 42-3502.22 (2024).)
• Amount of and basis for rent increases. Upon a tenant's written request not more than once per calendar year, the landlord, within 10 business days of the request, must also disclose the amount of, and the basis for, each rent increase for the prior three years. If applicable, the disclosure must identify any substantially identical rental unit on which a vacancy increase was based. (D.C. Code § 42-3502.22 (2024).)
• Rental regulations: At the start of every new tenancy, landlord must give tenant a copy of the District of Columbia Municipal Regulations, CDCR Title 14, Housing, Chapter 3, Landlord and Tenant; and a copy of Title 14, Housing, Chapter 1, § 101 (Civil Enforcement Policy) and Chapter 1, § 106 (Notification of Tenants Concerning Violations). (D.C. Mun. Regs. tit. 14, § 300 (2024).)
• Late fees: Landlords can charge late fees only if the maximum amount of the late fee that may be charged is disclosed in the written lease or rental agreement. (D.C. Code § 42-3505.31 (2024).)
• Fire alarms: In buildings with four or more rental, rooming, or sleeping units (including condominium or cooperative units), owners must conspicuously post (and give to each tenant) written information on the following: How to operate manual alarm boxes, how to respond when smoke detectors activate (including abandoning the dwelling unit, closing its door, and activating the nearest alarm box), information on whether the building is monitored by a supervising station, and instructions on calling 911. (D.C. Mun. Regs. tit. 12, § PM-704G (2024).)
• Fees and data: Before requesting information or fees from applicants, landlords must disclose amount and purpose of fees or deposits, whether mandatory or voluntary, and whether refundable. Must describe the types of information requested, the landlord's automatic and optional denial criteria, and the tenant's right to specified information about any credit or consumer report. Landlords must furnish data on the number of units that will become available over a specified time (or, if such data is not available, the number of units available over the prior fiscal year). Must tell applicants that the landlord will approve or deny their application within a stated number of days after receiving it. Tenants must be told of their right to dispute a decision allegedly based on inaccurate information or the landlord's use of prohibited criteria (landlords must respond); and of their right to file a complaint with the Office of Human Rights or the Superior Court, if they think the landlord has violated these provisions. (D.C. Code § 42-3505.10 (2024).)
• Bed bug information: Landlords may not offer rentals that they know or have reason to know contain bed bugs. If the building has had an infestation within the previous 120 days, before signing a rental agreement the landlord must give tenants the Department of Buildings form, on which specified information must be disclosed. (D.C. Code § 42-3551.02 (2024).)
• Occupancy limits: Landlords must advise each tenant in writing (can be in the lease or otherwise) of the maximum number of occupants permitted to live in the rental. (D.C. Mun. Regs. tit. 14, § 400.1 (2024).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Washington, D.C., Late Fees and Other Rent Rules

In Washington, D.C., rent is due on whatever day the landlord and tenant agree to.

Grace Periods and Late Fees

Washington, D.C., allows landlords to charge tenants a late fee of up to 5%, but only when the:

• written lease or rental agreement informs the tenant of the maximum amount of late fee and
• rent is not paid in full within five days after it's due.

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:

• charge interest on a late fee
• deduct any amount of a late fee from future rent payments
• impose a late fee more than one time on each late payment
• evict a tenant because they haven't paid a late fee, or
• impose a late fee for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather than the tenant, is responsible for paying.

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.

Washington, D.C., Landlords Must Provide Habitable Rentals

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:

• not rent or offer to rent any unit unless it is in a clean, safe, and sanitary condition, in repair, and free from rodents or vermin
• maintain the facilities, utilities, and services as required by law
• maintain any provided facilities for cooking, storage, or refrigeration of food; and
• not rent or offer to rent any housing in a building where there is a business or commercial activity that generates noxious gases, fumes, mists, vapors, dust, offensive odors, or excessive noise.

(D.C. Mun. Regs. tit. 14, §§ 301, 400 (2024).)

Tenant Rights to Withhold Rent in Washington, D.C.

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.

Small Claims Lawsuits in Washington, D.C.

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.

Washington, D.C., Termination and Eviction Rules

Washington, D.C., landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Cause Is Required to End a Tenancy

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:

• the tenant hasn't paid rent
• the tenant has violated the lease or rental agreement
• the tenant has committed a criminal act at the rental
• the landlord wants to use the rental for personal use
• the landlord sells the rental to someone who wants to use it for personal use
• the landlord needs to renovate the rental and it's not safe for the tenant to remain during the renovations
• the landlord is going to demolish the rental
• the landlord is going to substantially rehabilitate the rental
• the landlord wants to stop renting the unit, or
• the landlord plans to convert the rental into a condominium or cooperative after getting government approval.

(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.

Failure to Pay Rent

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).)

Lease Violation

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).)

Commission of a Crime

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).)

Ending a Month-to-Month Tenancy

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).)

Tenant Defenses to Eviction

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).)

Washington, D.C.'s Rules About Landlords' Access to Property

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.

• Reasonable purpose. A reasonable purpose for the entry is one related to the landlord's:
  • duty to keep the property safe from damage
  • duty to inspect the premises
  • duty to make necessary or agreed-upon repairs, decorations, alterations, renovations, or improvements
  • duty to supply necessary or agreed-upon services and maintenance
  • need to show the rental to prospective or actual purchasers, mortgagees, tenants, workpersons, or contractors; or
  • need to gain entry for work ordered by a governmental entity.
• Reasonable time. The entry should be between 9 a.m. and 5 p.m., and not on Sunday or a federal holiday. Alternatively, a reasonable time is any time agreed upon by the tenant.
• Reasonable notice. Written notice must be provided to the tenant at least 48 hours before the landlord intends to enter. The notice can be by email or text, but if the tenant doesn't respond in writing, the landlord must provide a paper notice.

(D.C. Code § 42-3505.51 (2024).)

Where to Find Washington, D.C., Landlord-Tenant Laws

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.

Federal Landlord-Tenant Laws and Regulations

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.

Nolo Resources on Legal Research and Landlord-Tenant Law

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.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide