District of Columbia

Washington D.C. Lease Agreement

Rental Lease Laws Overview

In Washington D.C., there are several key regulations governing rental agreements:

• Rent Control: Yes, there are regulations in place.
• Limit on Late Fees: Yes, there are restrictions on late fees.
• Late Fees in Rental Agreement: Allowed.
• Grace Period: Yes, tenants are granted a grace period for late payments.
• License Required for Landlord: Yes, landlords must possess a valid license.

Landlords typically require a rental application to assess a prospective tenant’s reliability.

Required Lease Disclosures

Before signing a lease, landlords must provide tenants with the following disclosures:

• Lead-Based Paint Disclosure: Required for properties built before 1978.
• District of Columbia Tenant Bill of Rights: Must be given to the tenant prior to signing the lease.
• Voter Registration Packet: Includes the latest voter registration form from the Board of Elections.
• Receipt Requirement: Tenants must receive receipts for any cash payments made to the landlord.
• RAD Form 3: Landlords must complete this form detailing the condition and safety of the property.
• RAD Form 5: Ensures that disclosure forms and documents for the rental unit are accessible to the tenant.

Security Deposit

The rules regarding security deposits in Washington D.C. include:

• Maximum Amount: Landlords cannot charge more than one month’s rent.
• Receipts: Required for security deposits unless paid via personal check.
• Interest Payments: Accumulated interest from the security deposit account must be paid to the tenant upon lease termination.
• Bank Account: Security deposits must be held in an interest-bearing escrow account at a financial institution within the state.
• Returning Requirements: Security deposits must be returned within 45 days after the lease ends.
• Withholding Rules: If a landlord withholds any part of the deposit, they must provide an itemized list of expenses within 30 days of notifying the tenant.

Rent Payments

Key points regarding rent payments include:

• Due Date: Rent is generally due on the first business day of the month.
• Rent Control: Annual rent increases are limited to the Consumer Price Index (CPI-W) percentage plus 2%, capped at 10%. For elderly or disabled tenants, the cap is lower at 5%. Upon vacancy, landlords may raise rent by up to 10% more than the previous rent or match comparable units’ rents, not exceeding a 30% increase, but this can only occur once per year.
• Late Fees and Grace Period: Landlords may charge a maximum of 5% of the monthly rent as a late fee. No late fee can be charged for payments made within a five-day grace period. If rent remains unpaid after this period, the landlord can issue a 30-day notice to quit.
• Withholding Rent: While state law does not explicitly allow tenants to withhold rent, landlords cannot evict tenants for withholding rent due to housing code violations.

Landlord Right of Entry

Landlords must adhere to specific notice requirements:

• Notice Requirements: Landlords must provide tenants with 48 hours’ written notice before entering the property for repairs or inspections.

Property Repairs

Responsibilities regarding property repairs are divided between landlords and tenants:

• Landlord Responsibilities: Landlords are required to maintain plumbing, utilities, heating, seasonal air conditioning, hot water, garbage services, smoke alarms, carbon monoxide detectors, windows, doors, locks, painting, roofs, chimneys, structural elements, provided kitchen appliances, and common areas in good condition. They must also address any habitability issues as per the housing code and make necessary repairs unless the issues arise from tenant fault.
• Tenant Repairs: Tenants are responsible for repairing any damage they cause that affects health and safety. Landlords cannot charge tenants for maintaining the property to habitable standards.
• Abandonment: Tenants are not required by law to notify landlords in advance of an extended absence.

Terminating a Lease

The process for terminating a lease includes:

• Month-to-Month Tenancy: A month-to-month tenancy can be terminated with a 30-day notice.
• Unclaimed Property: Landlords must store an evicted tenant’s personal property for at least seven days before disposal.