Washington DC Residential Lease Agreement

Important Information for Washington DC Landlords

Washington DC Rental Law Highlights

Security Deposits (D.C. Code § 42-3502.17)

• Maximum Amount: One month’s rent (D.C. Code § 42-3502.17(a))
• Return Timeline: 30 days after tenant vacates (D.C. Code § 42-3502.17(b))
• Itemized Statement: Required if any deductions are made
• Interest Required: Yes, must be paid annually (D.C. Code § 42-3502.17(d))
• Move-In Inspection: Required with written checklist (D.C. Code § 42-3502.17(e))
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Full return of deposit plus treble damages for bad faith withholding

Rent Control (D.C. Code § 42-3502.08)

Rent and Rent Increases (D.C. Code § 42-3502.08)

• Rent Control: Applies to most buildings built before 1976
• Maximum Increase: CPI + 2% for rent-controlled units (D.C. Code § 42-3502.08)
• Voluntary Agreements: Can increase up to 10% for rent-controlled units with tenant agreement
• Notice Required: 30 days for increases under 10%; longer for larger increases
• Grace Period: 5-day grace period required before late fees (D.C. Code § 42-3505.31)
• Late Fees: Maximum 5% of rent after 5-day grace period

Required Disclosures (D.C. Code § 42-3502.17, 42-3505.51)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord/property manager name and DC address (D.C. Code § 42-3505.51)
• Move-in checklist (required – D.C. Code § 42-3502.17(e))
• Tenant Bill of Rights (required at lease signing)
• Rent control status and registration information
• Bedbug disclosure (if history in past year)
• Housing code violation disclosure

Eviction and Termination (D.C. Code § 42-3505.01)

• 30-Day Notice: For nonpayment of rent (D.C. Code § 42-3505.01(b))
• 30-Day Notice: For lease violations (D.C. Code § 42-3505.01(c))
• 30-Day Notice: To terminate month-to-month tenancy
• Just Cause Required: For eviction during lease term or rent-controlled units
• Court Process Required: Must file in DC Superior Court
• No Self-Help: Lockouts and utility shutoffs are strictly illegal
• Tenant Opportunity to Purchase: Required notice if selling building

Landlord Obligations (D.C. Code § 42-3502.01 et seq.)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Heat, water, hot water, electricity required
• Heating Requirements: Must maintain 68°F from October to May
• Compliance: Must comply with DC housing code
• Smoke Detectors: Required in all dwelling units
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs promptly

Entry Requirements (D.C. Code § 42-3505.51)

• Notice Required: 48 hours’ notice required (D.C. Code § 42-3505.51)
• Reasonable Times: Entry during reasonable hours only (8 AM – 8 PM)
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants

Tenant Rights and Protections

• Rent Control: Protection from excessive rent increases
• Just Cause Eviction: Cannot be evicted without valid reason
• Retaliation Protection: Extensive protection from landlord retaliation
• Tenant Bill of Rights: Must be provided to all tenants
• Right to Organize: Tenants can form associations
• Opportunity to Purchase: Right of first refusal when building is sold
• Security Deposit Interest: Must receive annual interest payments

Washington DC-Specific Considerations

Rent Control Laws (D.C. Code § 42-3502.08)

• Most comprehensive rent control in the nation
• Applies to most buildings built before 1976
• Some newer buildings also subject to rent control
• Annual increases limited to CPI + 2%
• Voluntary agreements allow up to 10% increase
• Must register with Rental Accommodations Division

Security Deposit Interest (D.C. Code § 42-3502.17(d))

• Landlord must pay interest on deposits annually
• Interest rate set by DC Rent Administrator
• One of few jurisdictions requiring annual interest payment
• Interest can be paid directly or credited to rent

Required Move-In Checklist (D.C. Code § 42-3502.17(e))

• Landlord must provide written checklist at move-in
• Tenant must be given opportunity to inspect
• Both parties should sign and date checklist
• Critical for security deposit disputes

48-Hour Entry Notice (D.C. Code § 42-3505.51)

• 48 hours’ notice required before entry
• Longer than most jurisdictions (24 hours typical)
• Must be during reasonable hours (8 AM – 8 PM)
• Notice must be in writing
• Strong tenant privacy protections

30-Day Eviction Notice

• 30 days notice for nonpayment and violations
• Much longer than most jurisdictions
• Gives tenants more time to cure or vacate
• Just cause required for evictions
• Very tenant-protective eviction process

Tenant Bill of Rights

• Must be provided to all tenants at lease signing
• Outlines comprehensive tenant rights
• Available from DC Office of the Tenant Advocate
• Covers rent control, evictions, repairs, discrimination

Fair Housing Requirements

Best Practices for DC Landlords

• Determine if property is subject to rent control
• Register with DC Rental Accommodations Division if rent-controlled
• Use comprehensive written leases for all tenancies
• Limit security deposits to one month’s rent (required by law)
• Pay annual interest on security deposits (required by law)
• Provide move-in checklist (required by law)
• Return deposits within 30 days with itemization
• Limit late fees to 5% after 5-day grace (required by law)
• Provide Tenant Bill of Rights at lease signing (required)
• Provide 48 hours’ notice before entering (required by law)
• Maintain heating at 68°F October-May
• Keep detailed records of all transactions
• Never use self-help eviction methods
• Follow proper court procedures for evictions
• Consult attorney for rent control compliance

DC Climate Considerations

• Four Seasons: Hot, humid summers; cold winters
• Heating Requirements: Must maintain 68°F October to May
• A/C Essential: Hot, humid summers make cooling critical
• Snow and Ice: Winter weather requires proper maintenance

Resources

• D.C. Code – Title 42, Chapters 35 and 35A (Rental Housing)
• DC Office of the Tenant Advocate (OTA)
• DC Rental Accommodations Division (RAD)
• DC Department of Housing and Community Development
• DC Superior Court Landlord and Tenant Branch
• Washington Lawyers’ Committee for Civil Rights