When renting a property, tenants typically encounter two contracts: fixed—term and month-to-month. A Washington D.C. month-to-month lease agreement is often called a rental agreement. It renews automatically each month unless terminated by the landlord or tenant. While the type of lease and term differ from fixed-term lease agreements, most landlord-tenant laws apply the same as they would to fixed-term tenants. For example, unlike a fixed-term lease, a month-to-month lease can be terminated with notice at any time during the year. However, tenants must still sign a series of mandatory, state-required disclosures, similar to fixed-term tenants.
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Required Landlord Disclosures (7)
- Lead paint: Federal law requires landlords to let tenants know about the knowledge or existence of any lead-based paint or lead-based paint hazards on any property built before 1978.
- RAD FORM 3 (Applicant Disclosure Form): Washington D.C.’s Rent Administrator requires landlords to distribute a packet of disclosures to the tenant that discloses certain information about the unit, including:
- Any housing code or property maintenance violations within the past 12 months
- Any surcharges for the rental unit, including capital improvement surcharges
- Notice of any one-time, nonrefundable fees for pets, amenities, or other expenses
- Notice if the landlord registers the unit as a condo or co-op (Washington D.C. RAD Form 3)
- Voter registration packet: Landlords must provide tenants with a voter registration packet upon move-in (D.C. Code § 42-3502.22(b)(1)(L)).
- Tenant Bill of Rights: Landlords must provide each tenant a copy of the Tenant Bill of Rights, which gives tenants an overview of their basic rights regarding property rental in Washington, D.C. (Washington D.C. Tenant Bill of Rights).
- Mold disclosure: Washington D.C. property owners are required to disclose any knowledge of mold contamination in the property within the last 3 years unless a licensed professional has fully remediated the issue (D.C. Code § 42-3502.22(b)(1)(K)).
- Ownership information: Landlords must clearly list the name and address of the owner of the rental unit (D.C. Code § 42-3502.22(b)(1)(J)).
- Rent control or exemption Status: As a municipality with rent control laws, the district requires landlords to inform tenants of the property’s rent control status (D.C. Code § 42-3502.22(b)(1)(E)).
Required Notice to Terminate Month-to-Month Agreement
Month-to-month rental agreements establish a tenancy-at-will, which means tenants have flexibility in the length of their stay on the property. The process of terminating a month-to-month agreement varies from state to state.
Required notice for landlord: In Washington, D.C., landlords cannot terminate a month-to-month rental agreement without proper cause, which is different from most of the rest of the country. Reasons for terminating a month-to-month rental agreement include:
- Non-payment of rent
- Violation of lease terms
- Illegal activities
- Withdrawing the unit from the rental market
- Personal use of the unit
Required notice for tenant: Tenants may cancel a month-to-month agreement by providing at least 30 days’ written notice to the landlord. Once done, the tenancy will expire on the first day of the first month following the 30 days of required notice.
Rent Increase Laws
Unlike fixed-term leases, which force the landlord to wait until the designated term ends before raising the rent, month-to-month leases give landlords more flexibility to raise the rent, though there are still strict guidelines on how rent increases work.
In Washington, D.C., landlords must provide a minimum of 60 days’ notice to tenants before increasing the rent on month-to-month leases. Due to existing rent control laws, many units across the district face limitations on rent increases. Under the Rental Housing Act of 1985, all rental units must register with the district to determine if they are subject to rent control or exempt. For rent-controlled units, rent increases are capped and can only be adjusted by an amount linked to the Consumer Price Index, plus an additional 2%.
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