District of Columbia Residential Lease Agreement
District of Columbia caps most security deposits at 1 month's rent (1 exception applies), and requires its return within 45 days after the lease ends.
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District of Columbia lease rules at a glance
| Rule | What the law says |
|---|---|
| Security deposit cap | 1 month's rent (with exceptions)14 DCMR § 308.2, 308.8, D.C. Code § 42-3502.17(a) |
| Deposit return deadline | 45 days after the lease ends14 DCMR §§ 309.1, 309.2, D.C. Code § 42-3502.17(e) (45-day notice of unpaid amounts, added by D.C. Law 26-156) |
| Late fees | Up to 5% of the full rent due, once per late payment; the maximum must be disclosed in the written lease; no fee on a subsidy provider's share · grace period: 5 daysD.C. Code § 42-3505.31, D.C. Code § 42-3505.31(b)(2) |
| Landlord entry notice | 48 hours' noticeD.C. Code § 42-3505.51 |
| Ending a month-to-month lease | Landlord 90 days · tenant 30 daysD.C. Code § 42-3505.54(a), D.C. Code § 42-3202(b), D.C. Code § 42-3505.01(a)-(k) |
| Rent increase notice | 60 days (Increase takes effect only on the first regular rent day falling more than 60 calendar days after notice. Rent-stabilized units are also limited in amount and frequency)D.C. Code § 42-3509.04(b), D.C. Law 25-65, § 2(f) (30 → 60 days) |
| Rent control | Statewide limitD.C. Code § 42-3502.08(g)-(h), D.C. Code § 42-3502.06(b), D.C. Code § 42-3502.05(a), (d) |
| Eviction notice for unpaid rent | 10 days (Notice of nonpayment of rent and possible eviction (RAD Form 10))D.C. Code § 42-3505.01(a), (a-1), RENTAL Amendment Act of 2025, D.C. Law 26-80, § 101(b) |
District of Columbia lease disclosures checklist
When a prospective tenant applies, give the Rent Administrator's disclosure form (rent, surcharges, rent-control or exempt status, housing-code violations, deposit terms, mold history, Tenant Bill of Rights and more), and before signing tell tenants of exempt units in writing that rent increases are not regulated (D.C. Code §§ 42-3502.22(b), 42-3502.05(d)). (D.C. Code § 42-3502.22, D.C. Code § 42-3502.05(d), 40 CFR 745.107)
- Lead-based paint disclosure, lead warning statement and EPA pamphlet — Housing built before 1978 (unless exempt under 40 CFR 745.101)42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F (§ 745.107)
- Housing provider's disclosure form (RAD Form 3) with applicable rent, pending petitions, surcharges, rent-control/exempt status and registration, housing-code violation reports, rent-increase pamphlet, application fee and security-deposit terms, condo/co-op conversion status, ownership information, indoor mold history and the Tenant Bill of Rights — When a prospective tenant files an applicationD.C. Code § 42-3502.22(b)
- Notice that rent increases are not regulated by the rent stabilization program — Before signing, for units exempt from rent stabilizationD.C. Code § 42-3502.05(d)
- Notice to each tenant that the unit's disclosure forms and documents are available for inspection, and where — Ongoing; update the compilation within 30 days of any changeD.C. Code § 42-3502.22(b)(2)
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Before you sign in District of Columbia
- Deposit cap exceptions in District of Columbia
- One month's rent (the first full month's rent charged), charged only once 14 DCMR § 308.2, 308.8, D.C. Code § 42-3502.17(a)
- Units leased by federal or D.C. government agencies, or units with federally subsidized rents (14 DCMR § 308 does not apply): no cap
- If a deposit is withheld wrongly
- A landlord who fails to return a deposit owed is liable for the amount withheld, or treble damages if it acted in bad faith (14 DCMR § 309.5). (14 DCMR §§ 309.3, 309.5, 14 DCMR § 311.2, D.C. Code § 42-3502.17(b) (OAH may adjudicate deposit complaints))
- Deductions from the deposit
- A landlord who withholds any of the deposit must give the tenant an itemized statement of each repair or other use and its cost when refunding the balance (14 DCMR § 309.2). (14 DCMR § 309.2, D.C. Code § 42-3502.17(e)(2))
- Interest on the deposit
- Landlords must hold deposits in an interest-bearing D.C. escrow account and pay the tenant interest at no less than the statement savings rate when a tenancy of 12 months or more ends (14 DCMR §§ 308.3, 311.1-311.2). (14 DCMR §§ 308.3, 308.7, 14 DCMR §§ 311.1, 311.2)
- Rent control and increases
- Most D.C. rental units built before 1976 are rent-stabilized: rent on an occupied unit may rise only once a year, by inflation (CPI-W) plus 2% and never more than 10%, unless the unit is registered as exempt (D.C. Code §§ 42-3502.05, 42-3502.06(b), 42-3502.08(g)-(h)). (D.C. Code § 42-3502.08(g)-(h), D.C. Code § 42-3502.06(b), D.C. Code § 42-3502.05(a), (d))
District-wide rent stabilization under the Rental Housing Act of 1985 for non-exempt units: an occupied unit's rent may rise at most once every 12 months, by the annual CPI-W adjustment of general applicability plus 2%, never more than 10%; elderly and disabled tenants get a lower cap (§ 42-3502.24). Common exemptions: units built under permits issued after 1975, federally or District-subsidized units, and natural-person owners with no more than 4 units in D.C. who file a claim of exemption.
- If rent goes unpaid
- To evict for unpaid rent of $600 or more, give the statutory past-due-rent notice with a ledger at least 10 days before filing, by certified mail plus hand delivery or posting; because the required notice wording still tells the tenant they have 30 days to pay, the safest course is to wait 30 days (D.C. Code § 42-3505.01(a-1)). (D.C. Code § 42-3505.01(a), (a-1), RENTAL Amendment Act of 2025, D.C. Law 26-80, § 101(b))
- In effect since .
- Before : The past-due-rent notice had to be given at least 30 days before filing (D.C. Code § 42-3505.01(a-1)(1) before D.C. Law 26-80).
District of Columbia lease FAQs
How much can a landlord charge for a security deposit in District of Columbia?
A security deposit may not exceed the first full month's rent and may be charged only once (14 DCMR § 308.2; D.C. Code § 42-3502.17(a)) (14 DCMR § 308.2, 308.8).
How long does a District of Columbia landlord have to return a security deposit?
Within 45 days after the tenancy ends, the landlord must return the deposit with interest or notify the tenant in writing of an intent to withhold, then refund any balance with an itemized statement within 30 days after that notice (14 DCMR §§ 309.1-309.2) (14 DCMR §§ 309.1, 309.2).
Is there a limit on late fees in District of Columbia?
A landlord may charge a late fee of no more than 5% of the rent due, only once per late payment and only if the written lease states the maximum fee (D.C. Code § 42-3505.31(a)-(c)). A late fee may be charged only if the full rent is still unpaid 5 days after the due date, or after any longer grace period in the lease (D.C. Code § 42-3505.31(b)(2)).
How much notice must a District of Columbia landlord give before entering a rental?
A D.C. housing provider must give written notice at least 48 hours ahead and enter only for a legitimate purpose between 9 a.m. and 5 p.m. on a non-Sunday, non-holiday, unless the tenant agrees to something else or there is an emergency (D.C. Code § 42-3505.51).
How much notice ends a month-to-month tenancy in District of Columbia?
A D.C. tenant may end a month-to-month tenancy with 30 days' written notice that expires on the first of a month, but a housing provider can end one only for a cause listed in the Rental Housing Act, such as 90 days' notice for an owner move-in (D.C. Code §§ 42-3505.54(a), 42-3202(b), 42-3505.01) (D.C. Code § 42-3505.54(a)).
What disclosures does a District of Columbia lease need?
When a prospective tenant applies, give the Rent Administrator's disclosure form (rent, surcharges, rent-control or exempt status, housing-code violations, deposit terms, mold history, Tenant Bill of Rights and more), and before signing tell tenants of exempt units in writing that rent increases are not regulated (D.C. Code §§ 42-3502.22(b), 42-3502.05(d)) (D.C. Code § 42-3502.22). The list covers Lead-based paint disclosure, lead warning statement and EPA pamphlet, Housing provider's disclosure form (RAD Form 3) with applicable rent, pending petitions, surcharges, rent-control/exempt status and registration, housing-code violation reports, rent-increase pamphlet, application fee and security-deposit terms, condo/co-op conversion status, ownership information, indoor mold history and the Tenant Bill of Rights, Notice that rent increases are not regulated by the rent stabilization program and Notice to each tenant that the unit's disclosure forms and documents are available for inspection, and where.
More on renting in District of Columbia
- District of Columbia landlord-tenant law — every topic in full, compared with neighbouring states
- District of Columbia security deposit law — limit, return deadline and a deadline calculator
- Maryland residential lease agreement
- Virginia residential lease agreement
- Notice to vacate
- Lead paint disclosure
- Lease agreements for other states
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