Washington, D.C. Lease Agreement

Required Landlord Disclosures (7 Disclosures)

1. 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.

2. Tenant Bill of Rights: Washington, D.C., landlords must give each tenant a copy of the Tenant Bill of Rights, which outlines the fundamental rights of renting property in the district (Washington D.C. Tenant Bill of Rights).

3. Voter registration packet: All tenants must receive a voter registration packet with information on voting registration (D.C. Code § 42-3502.22(b)(1)(L)).

4. Ownership information: Landlords must disclose the ownership information of the rental unit (D.C. Code § 42-3502.22(b)(1)(J)).

5. Mold: Landlords must disclose any knowledge regarding the presence of mold contamination on the rental property within the past 3 years unless a certified and licensed professional has fully remediated the mold (D.C. Code § 42-3502.22(b)(1)(K)).

6. RAD Form 3 (Applicant Disclosure Form): Washington, D.C.’s Rent Administrator requires landlords and property managers to provide a packet of disclosures to the tenant that communicates 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 unit is registered as a condo or co-op (Washington D.C. RAD Form 3)

7. Rent control or exemption status: Landlords must inform tenants of the unit’s rent control status at the time of lease signing (D.C. Code § 42-3502.22(b)(1)(E)).

Security Deposit Regulations

Maximum security deposit amount: Washington, D.C. landlords may charge up to 1 month’s rent as a security deposit (14 DCMR § 308.2).

Receipt of deposit: Landlords in Washington, D.C., must provide the tenant with a receipt for the collected security deposit unless the tenant makes the payment by personal check and clearly states the purpose. The deposit must be kept in a separate, interest-bearing account at a federally insured bank within D.C. (14 DCMR § 308.3).

Location of Security Deposit Account. Landlords must disclose the location of the security deposit account in the lease as well as the amount of the deposit and the current interest rate (D.C. Code 42-3502.22 and Tenant Bill of Rights).

Interest: Landlords must pay interest on security deposits, with the rate adjusted twice during the year — once on January 1 and once on July 1. (14 DCMR § 311.1)

Deduction tracking: Washington, D.C. landlords can withhold funds from the security deposit for any expenses listed in the lease agreement but not for the replacement value of furniture or damage incurred by normal wear and tear (14 DMCR § 309.1).

Returning a tenant’s security deposit: Landlords must return security deposits to the tenant within 45 days of move-out (14 DMCR § 309.1).

Landlord’s Access to Property

Advance notice: Landlords in D.C. must give tenants at least 48 hours’ notice before entering the unit (D.C. Code § 42-3505.51).

Immediate access: Landlords can only enter without notice in cases of emergency (D.C. Code § 42-3505.51(b)(1)).

Landlord harassment: Landlords who repeatedly enter a tenant’s unit without proper notice could be liable for landlord harassment. Tenants may be able to get a court order to ban the landlord from further entry and recover the costs of damages through a lawsuit (D.C. Code § 42-3505.51).

Rent Payment Laws

Grace period: Washington, D.C. requires a minimum grace period of 5 days for late rent payments (D.C. Code § 42-3505.31(b)(2)).

Late rent fees: The maximum amount a landlord can charge a tenant as a late fee is 5% of the monthly rent (D.C. Code § 42-3505.31(a)).

Tenant’s right to withhold rent: Washington, D.C., has no laws explicitly allowing a tenant to withhold rent to incentivize a landlord to make necessary repairs.

Breach of Rental Agreement

Missed rent payment: If a rent payment is late beyond the mandatory grace period, landlords may issue a 30-day notice to pay or quit (D.C. Code § 42-3505.01(a-1)(1)).

Lease violation: If a tenant commits a lease violation, landlords may issue a 30-day notice to cure or quit, which gives the tenant a chance to resolve the violation (D.C. Code § 42-3505.01(b)).

Self-help evictions: Landlords should never attempt to remove a tenant on their own. Under Washington, D.C., law. self-help evictions are illegal and never allowed.

Lease abandonment: A tenant who breaks a lease early without a legally qualifying condition could be subject to the remainder of the lease on the term, late fees, or other penalties, depending on the situation’s specifics.

Ending a Lease

Month-to-month: Landlords or tenants can terminate a month-to-month lease by giving at least 30 days’ written notice of the intent to terminate (D.C. Code § 42-3505.54).

Fixed-term: Tenants may break a fixed-term lease early and without penalty only if they meet a legally qualifying condition. These conditions include entering into active military duty, domestic violence, landlord harassment, or uninhabitable living conditions.

Property abandonment: The rules governing how a landlord must handle abandoned personal property depend on the specific reason the tenant left the unit. If the tenant leaves voluntarily and doesn’t take all their belongings, the law does not specify how landlords should handle the property. For evicted tenants, landlords must store the property for 7 days without requiring the tenant to pay storage fees. If the tenant does not reclaim the property, the landlord may dispose of it at that time (D.C. Code § 42-3505.01).

Renewing a Lease

Required renewals: Washington, D.C. landlords are not required to renew a lease once the term ends.

Required notice: Washington, D.C. landlords are not required to give tenants any notice when they do not plan to renew a fixed-term lease.

Rent Control & Stabilization

Washington, D.C., has rent control for some units throughout the district. In units subject to rent control, landlords can only raise the rent by a percentage established by the Consumer Price Index (CPI). According to the Rental Housing Act of 1985, all rental units must register with the District as subject to rent control or exempt. New units, subsidized housing, and others could be naturally exempt from rent control, but landlords should confirm their own units’ specifics (D.C. Code § 42-3501.01).