Free Washington DC Security Deposit Itemization — overview

A Washington, D.C. Security Deposit Itemization is the itemized statement a housing provider gives under 14 DCMR § 309.2 when keeping any part of a security deposit. The District uses a two-step timeline: within 45 days after the tenancy ends, the provider must either refund the deposit and any interest due, or notify the tenant in writing of the intention to withhold (§ 309.1); then, within 30 days after that notice, the provider must refund the balance, including unused interest, with an itemized statement of each repair or other use and its cost. D.C. Code § 42-3502.17(e) adds a 45-day written notice of alleged unpaid amounts with photographs or other documentation and a statement of the tenant’s right to dispute, and § 42-3502.17(c) bars withholding for ordinary wear and tear. The form on this page produces a complete itemized statement with a deductions and interest calculator; the rest of this guide explains the framework, what can and cannot be withheld, and the records that support each line.

What this itemization does

A Washington, D.C. Security Deposit Itemization is the “itemized statement of the repairs and other uses to which the monies were applied and the cost of each repair or other use” that 14 DCMR § 309.2 requires when a housing provider keeps part of a security deposit. It does three jobs at once.

First, it accounts for every dollar withheld. Each line should name the repair or other use and its cost, so the tenant — and the Office of Administrative Hearings or a court, if it comes to that — can check it against the lease, the move-in condition and the photographs.

Second, it returns the balance, including interest. Section 309.2 requires the provider to “tender a refund of the balance of the deposit or payment, including interest not used to defray such expenses,” at the same time as the itemized statement. Because D.C. deposits are held in an interest-bearing escrow account (14 DCMR § 308.3), the balance is usually more than the deposit minus deductions.

Third, it completes a two-step timeline. Within 45 days after termination of the tenancy the provider must either refund in full or give written notice of the intention to withhold (§ 309.1); the itemized statement and balance follow within 30 days after that notice (§ 309.2). Separately, D.C. Code § 42-3502.17(e)(2) requires a written notice of alleged unpaid amounts within 45 days, with supporting photographs or other documentation and a statement of the tenant’s right to dispute.

The form on this page produces a complete itemized statement with a built-in deductions and interest calculator, automatic balance computation, the tenant’s dispute-rights statement and a delivery block. The rest of this guide explains the framework, what can and cannot be withheld, and the records that make each line defensible.

District of Columbia legal framework — D.C. Code § 42-3502.17 and 14 DCMR §§ 308–311

District of Columbia deposit law comes from two sources that must be read together: the D.C. Code, § 42-3502.17, and the Housing Regulations at 14 DCMR §§ 308 through 311, which § 42-3502.17(a) incorporates (“Security deposits shall be collected pursuant to the Security Deposit Act … 14 DCMR 308 et seq.”).

The provisions that matter for itemization

14 DCMR § 308 — amount and escrow. A deposit “shall not exceed an amount equivalent to the first full month’s rent” and may be charged only once (§ 308.2). It must be deposited in “an interest bearing escrow account established and held in trust in a financial institution in the District of Columbia” (§ 308.3). The lease or receipt must state the terms and conditions of the deposit (§ 308.6), and at the end of a tenancy “the housing provider shall list for the tenant the interest rate for each 6-month period during the tenancy” (§ 308.7).

14 DCMR § 309.1 — the 45-day choice. “Within forty-five (45) days after the termination of the tenancy, the owner shall do one of the following: (1) Tender payment to the tenant, without demand, any security deposit … and any interest due the tenant …; or (2) Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant’s last known address, of the owner’s intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.”

14 DCMR § 309.2 — the itemized statement. “The owner, within 30 days after notification to the tenant …, shall tender a refund of the balance of the deposit or payment, including interest not used to defray such expenses, and at the same time give the tenant an itemized statement of the repairs and other uses to which the monies were applied and the cost of each repair or other use.”

14 DCMR §§ 309.3–309.5 — consequences. Failure to comply with § 309.2 “shall constitute prima facie evidence that the tenant is entitled to full return, including interest.” Failure to serve the tenant personally or by certified mail, “after good faith effort to do so,” is not a failure to comply. A provider “failing to return a security deposit rightfully owed … shall be liable for the amount of the deposit withheld or, in the event of bad faith, for treble damages.”

D.C. Code § 42-3502.17(e) — forwarding address, notice of unpaid amounts and dispute rights. On termination, the provider “shall request a forwarding mailing address or email address from the tenant.” Within 45 days after termination, the provider must notify the tenant in writing, “either personally, by email, or by certified mail at the tenant’s forwarding address,” of any alleged unpaid amounts due under the lease — unpaid rent arrearages, damage beyond ordinary wear and tear, or charges for removing furnishings and items left at move-out — and the notice must include “Photographs or other documentation supporting the housing provider’s claim” and “A statement informing the tenant of his or her right to dispute the alleged unpaid amounts and contact information for the housing provider.” The tenant has 30 calendar days to dispute; the provider must respond in writing within 10 days of receiving the tenant’s information; and documentation of service must be kept for at least 60 days before an unpaid amount is sent to a debt collector.

14 DCMR § 310 — inspection. The provider “may inspect the dwelling unit within three (3) days, excluding Saturdays, Sundays, and holidays, before or after the termination of the tenancy,” after written notice of the date and time delivered at least ten days in advance. Our Washington, D.C. Move-In/Move-Out Checklist is built to document that inspection.

14 DCMR § 311 — interest. Interest accrues from the date the deposit is paid at not less than the statement savings rate prevailing on January 1 and July 1 for each 6-month period, and is “due and payable by the owner to the tenant upon termination of any tenancy of a duration of twelve (12) months or more,” unless an amount is deducted under § 309.

Enforcement and fair housing

Under D.C. Code § 42-3502.17(b), the Office of Administrative Hearings may adjudicate complaints for the non-return of tenant security deposits and for the nonpayment of interest. Independent of District law, the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits discrimination in the terms and conditions of a rental because of race, color, religion, sex, familial status, national origin or disability.

When and how to deliver

The two clocks

Start from the date the tenancy terminated. By day 45 the provider must have done one of two things under 14 DCMR § 309.1: refunded the full deposit and interest without the tenant having to ask, or delivered written notice of the intention to withhold. D.C. Code § 42-3502.17(e)(2) runs on the same 45 days for the written notice of alleged unpaid amounts, with its photographs and dispute-rights statement; one well-drafted notice can do both jobs. The itemized statement and balance are then due within 30 days after the § 309.1 notification (§ 309.2). Worked example: a tenancy ends on June 30; the 45th day is August 14; if the notice of intent to withhold is delivered on August 1, the itemized statement and balance are due within 30 days after August 1.

Method of delivery

The two notices name slightly different methods. The § 309.1 notice of intent to withhold is “delivered to the tenant personally or by certified mail at the tenant’s last known address.” The § 42-3502.17(e)(2) notice of unpaid amounts is given “either personally, by email, or by certified mail at the tenant’s forwarding address.” Personal delivery or certified mail satisfies both; email satisfies only the second. Section 309.4 protects a provider whose personal or certified-mail service fails “after good faith effort,” so keep the certified-mail receipts and returned envelopes.

Delivery address

Section 42-3502.17(e)(1) requires the provider, on termination, to request a forwarding mailing address or email address. Use the forwarding address the tenant gives; for the § 309.1 notice, the regulation refers to the tenant’s last known address.

The tenant’s 30-day dispute window

After the § 42-3502.17(e) notice is served, the tenant has 30 calendar days to dispute the alleged unpaid amounts and may provide any evidence that an amount is inaccurate or incorrectly attributed. The provider must send a written response, which may be by mail, email or in person, within 10 days after receiving the tenant’s information.

Damage discovered later

Neither § 42-3502.17 nor § 309 provides for a supplemental itemization. The practical answer is to hold the § 310 inspection promptly, obtain contractor pricing and assemble photographs before the 45-day notice goes out, so the notice and the later itemized statement are complete the first time.

What a D.C. housing provider may withhold

District law frames what may be withheld in two places. Section 309.1 refers to “expenses properly incurred under the terms and conditions of the security deposit agreement,” and § 42-3502.17(e)(2)(A) lists the alleged unpaid amounts due under the lease that the 45-day notice may cover. Every line on the itemized statement should fit one of them.

1. Unpaid rent arrearages

Rent that came due and was not paid. Support the line with the lease, the ledger and the due dates.

2. Damage beyond ordinary wear and tear

“Damage to the rental unit beyond the standards of ordinary wear and tear as defined in subsection (c)(3).” That means deterioration from negligence, carelessness, accident or abuse by the tenant, an immediate family member or a guest. Describe what was damaged, where, and what it cost to repair. The standard is covered in detail in