Washington D.C. Residential Lease Agreement

Last Updated: July 15, 2022 by Elizabeth Souza

A Washington D.C. residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Washington D.C. Residential Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Washington D.C.:

Disclosure Applicable To
Tenant’s Bill of Rights All Units
RAD Form 3 (Applicant Disclosure Form) All Units in a Housing Accommodation
RAD Form 5 (Notice of Disclosure Forms) All Units
Rent Control/Exemption Status All Units in a Housing Accommodation
Mold Disclosure Units with Mold Contamination in Past Three Years
Voter Registration Packet All Units
Lead Paint Units Built Before 1978

Tenant’s Bill of Rights

Applicable to all in Washington D.C. rentals.

Washington D.C. landlords must provide each tenant with a copy of the Tenant Bill of Rights published by the Office of the Tenant Advocate. This document outlines the basic rights of tenancy in Washington D.C.

Download: Washington D.C. Tenant Bill of Rights (PDF)

RAD Form 3 (Applicant Disclosure Form)

Applicable to anyone in Washington D.C. filing an application to lease.

Washington D.C. tenants applying for a lease have a right to receive a specific set of disclosures published by the city’s Rent Administrator. These disclosures (also known as RAD Form 3) must be completed in full and signed by both the applicant and housing provider. The law requires disclosure of the following information:

  • Copies of housing code and property maintenance code violation reports, including all violations within the past 12 months plus any citations beyond that timeline which are still present
  • Notice of any surcharges on rent for the rental unit, including capital improvement surcharges and the expiration date of those surcharges (plus the amount and basis of any rent increases in the past three years, upon request)
  • Notice of any one-time, nonrefundable fees charged in the rental agreement for pets, access to amenities, or other expenses (including late payment fees, which Washington D.C. caps at 5%)
  • Disclosure if dwelling unit is registered as, or in the process of converting to, a condominium or cooperative or other use that is not a housing accommodation
  • Disclosure of ownership information for the rental property, including business license information

Download: Washington D.C. RAD Form 3 (PDF)

Rad Form 5 (Notice of Disclosure Forms)

Applicable to all Washington D.C. rentals.

Washington D.C. landlords must provide the disclosures mandated by the Rental Housing Act of 1985. The contents of the disclosure must be updated within 30 days of any change. The provider of housing must complete the form and sign it, then provide a copy to the tenant.

Download: Washington D.C. RAD Form 5 (PDF)

Rent Control/Exemption Status

Applicable to all Washington D.C. housing accommodations.

Washington D.C. landlords must provide their tenants with a pamphlet explaining local rent control laws and regulations, in addition to a disclosure regarding the property’s rent control status. This must include the landlord’s business license, and a copy of rent control registration (or claim of exemption, if applicable), together with the most recent notice filed.

Download: Washington D.C. Rent Control Fact Sheet (PDF)

Mold Disclosure

Applicable to all Washington D.C. rentals with mold contamination within the past three years.

Washington D.C. landlords must disclose knowledge of any indoor mold contamination in the rental unit or common areas within the past three years. The landlord must also provide proof of remediation, if completed by a professional remediation company licensed and certified in the District of Columbia.

Voter Registration Packet

Applicable to all Washington D.C. rentals.

Washington D.C. landlords must provide tenants with a voter registration packet developed by the District of Columbia Board of Elections.

The voter registration packet includes:

  • Application to register
  • Information about online registration and address updates
  • Voting rights for individuals with criminal records
  • Registration information for high school and college students
  • A link to the Board of Elections website providing the date of the next upcoming election
  • Polling place locations
  • Names and positions of current elected officials in the District of Columbia

Download: Washington D.C. Voter Registration Packet (PDF)

Lead-Based Paint Disclosure

Applicable to any Washington D.C. rentals units built before 1978.

Washington D.C. residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:

DownloadWashington D.C. Lead-Based Paint Disclosure Form (PDF)

The following lease agreement disclosures and addenda are not required by Washington D.C. law in residential lease agreements, but assist with tenant management and help limit landlord liability.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers.
Bed Bugs Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Landlord’s Name and Address Specifies the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
Medical Marijuana Use Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Move-In Checklist Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out.
Shared Utilities Arrangements Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.