Most places, including Washington DC, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Washington DC Implied Warranty of Habitability
In Washington DC, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Washington DC
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | Not Addressed | Not Addressed |
| Garbage Removal | Multiple Dwellings | Multiple Dwellings |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Washington DC
Washington DC landlords must provide heating for rental properties. They don’t have to provide air conditioning. When providing air conditioning, though, landlords must ensure it is working in good order from March 15 to October 15 of each year.
Are Landlords Required to Provide Air Filter Replacements in Washington DC?
Washington DC landlords don’t have to replace things like air filters, unless required heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Washington DC
Washington DC landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Washington DC?
Washington DC landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Washington DC?
Washington DC landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Washington DC Responsible for Fixing Leaks?
Washington DC landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Washington DC
Washington DC landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, it’s the landlord’s responsibility to keep such appliances in good working order.
Landlord Responsibilities for Electrical Issues in Washington DC
Washington DC landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Washington DC?
Washington DC landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Washington DC
Washington DC landlords must provide and maintain outside garbage containers (on multiple-unit properties) as well as garbage removal services.
Landlord Responsibilities for Landscaping in Washington DC
Washington DC landlords are responsible for maintaining landscaping in safe condition. Requirements are complex, but in summary, vegetation must be kept healthy, in a manner that doesn’t create a nuisance.
Landlord Responsibilities Regarding Mold in Washington DC
Washington DC landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Washington DC
Washington DC landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Washington DC
Washington DC landlords are responsible for providing safe windows. The legal requirements are detailed, but among other things, windows must be weatherproof, well-fitted, latchable, and easily opened. There’s no legal requirement for window coverings.
Landlord Responsibilities Regarding Safety Devices in Washington DC
Washington DC landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Washington DC?
Washington DC landlords have no specific responsibility to replace safety device batteries.
Landlord Responsibilities for Doors & Locks in Washington DC
Washington DC landlords are responsible for ensuring secure doors, locks and keys on rental property.
Landlord Responsibilities for Washers and Dryers in Washington DC
Washington DC landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Washington DC
Washington DC renters have the right to repairs for violations of the housing code, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue, preferably in writing. The landlord gets a “reasonable time” after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter could end the rental agreement, sue the landlord for monetary damages, withhold rent (including repair and deduct remedies), or report the landlord for a housing inspection.
Sources
- 1 D.C. Mun. Regs. tit. 14 § 301
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“There shall be deemed to be included in the terms of any lease or rental agreement covering a habitation an implied warranty that the owner will maintain the premises in compliance with this subtitle.”
Source Link - 2 D.C. Mun. Regs. tit. 14 § 304 (2023)
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“Any provision of any lease or agreement contrary to, or providing for a waiver of, the terms of this chapter, or § 101 or § 106 of chapter 1, shall be void and unenforceable.”
Source Link - 3 D.C. Mun. Regs. tit. 14 § 400.5 (2023)
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“Each facility and utility provided in a residential building to comply with the requirements of this subtitle shall be properly and safely installed, and shall be maintained in a safe and good working condition.”
Source Link - 4 D.C. Mun. Regs. tit. 14 § 501.1 (2023)
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“Adequate heating facilities shall mean the provision and maintenance in good repair of one of the following: (a) A central heating facility; (b) A non-portable, flue-connected heating facility; or (c) An electric heating facility which may or may not be flue-connected.”
Source Link - 5 D.C. Mun. Regs. tit. 14 § 510 (2023)
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“The owner of a rental habitation, who provides air conditioning as a service either through individual air conditioning units or a central air conditioning system, shall maintain such unit or system in safe and good working condition… [shall] have the individual units or central system inspected each year, between September 1st and May 1st… [an] correct all defects as found upon the inspection by June 1st of each year.”
Source Link - 6 D.C. Mun. Regs. tit. 14 § 800.4 (2023)
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“Plumbing fixtures shall be kept in a clean, sanitary condition, and shall be kept free of dirt, filth, human or animal wastes, or any other insanitary matter. Each occupant shall exercise care in the proper use and operation of plumbing fixtures.”
Source Link - 7 D.C. Mun. Regs. tit. 14 § 606.1 (2023)
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“Each residential building shall be provided with a water heating facility which is properly connected with the hot water lines of the required fixtures, and which is capable of providing sufficient hot water at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.) at those fixtures to meet normal demands.”
Source Link - 8 D.C. Mun. Regs. tit. 14 § 600.4 (2023)
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“Whenever an owner or licensee of any residential building furnishes any facilities for cooking, storage, or refrigeration of food, those facilities shall be maintained by the owner or licensee in a safe and good working condition.”
Source Link - 9 D.C. Mun. Regs. tit. 14 § 803.3 (2023)
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“The principal occupant of a single or two-family dwelling, and the owners or licensees of multiple dwellings, shall provide and maintain water-tight metal receptacles with tight-fitting metal covers sufficient for the separate storage of all ashes, garbage, or refuse accumulating on the premises during the usual interval between collections of the ashes, garbage, and refuse.”
Source Link - 10 D.C. Mun. Regs. tit. 14 § 800.8 (2023)
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There isn’t a specific legal requirement in Washington DC for a landlord to provide garbage removal services, but it is implied by the requirement for the owner of a premises to prevent unsanitary conditions: “The owner of any premises shall maintain the premises free of any condition that may render the premises unhealthy or unsanitary for the occupant, the neighborhood or the community at large.”
Source Link - 11 D.C. Mun. Regs. tit. 14 § 800.5 (2023)
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“Areaways, walkways, and yards shall be clean and free of ashes, filth, garbage, human or animal wastes, litter, refuse, or any other insanitary matter.”
Source Link - 12 D.C. Mun. Regs. tit. 14 § 800.10 (2023)
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“The following types of vegetative growth are prohibited: (a) Vegetative growth that exceeds ten inches (10 in.) in height or is untended; (b) Shrubbery that is a detriment to the health, safety, or welfare of the public; (c) Vegetative growth, regardless of height, that creates a harbor or concealment, including hiding places for persons and harbors or concealments for refuse or trash; (d) Vegetative growth that harbors, or provides a refuge for, snakes, rodents, or other vermin, including rats and mice; (e) Vegetative growth that creates an unpleasant or noxious odor; (f) Vegetative growth that constitutes a fire hazard; (g) Vegetative growth that creates a breeding place for mosquitoes; and (h) Vegetative growth that is dead or diseased.”
Source Link - 13 D.C. Mun. Regs. tit. 14 § 800.12 (2023)
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“Nothing in this chapter shall prohibit an owner of any premises from maintaining healthy plants, grasses, or shrubbery in tended grounds, gardens, or landscape designed yards, which exceed ten inches (10 in.) in height.”
Source Link - 14 D.C. Mun. Regs. tit. 14 § 800.1 (2023)
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“All premises occupied for residential purposes shall be kept in a clean, safe, and sanitary condition, including, but not limited to, the requirements of this chapter.”
Source Link - 15 D.C. Mun. Regs. tit. 14 § 705 (2023)
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Washington DC has detailed requirements for doors and windows, which must be weatherproof, well-fitting, openable, and latchable, among other things. See D.C. Mun. Regs. tit. 14 § 705 (2023)
Source Link - 16 D.C. Dept. of Bldgs., Carbon Monoxide and Smoke Alarm Requirements (2023)
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“The District of Columbia law/code requires the installation and maintenance of smoke alarms and carbon monoxide alarms in buildings with residential occupancies in the District of Columbia.”
Source Link - 17 D.C. Mun. Regs. tit. 14 § 607.2 (2023)
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“The owner or operator of a housing business shall provide to each tenant, when the tenant first enters into possession of a habitation, an adequate lock and key for each door used, or capable of being used, as an entrance to or egress from the habitation, and shall keep each lock in good repair. Each lock shall be capable of being locked from inside and outside the habitation.”
Source Link - 18 D.C. Mun. Regs. tit. 14 § 105.4 (2023)
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“Each notice of violation shall: (a) Be in writing: (b) State the nature of the violation; (c) Indicate the section or sections of this subtitle or the International Property Maintenance Code, as amended by the District of Columbia Property Maintenance Code Supplement being violated; (d) Allow a reasonable time for the performance of any act required by the notice; and (e) Be signed by the Director or the Director’s authorized agent.”
Source Link - 19 D.C. Code § 42-3505.02(b)(3)-(b)(6) (2023)
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“In determining whether an action taken by a housing provider against a tenant is retaliatory action, the trier of fact shall presume retaliatory action has been taken, and shall enter judgment in the tenant’s favor unless the housing provider comes forward with clear and convincing evidence to rebut this presumption, if within the 6 months preceding the housing provider’s action, the tenant: (3) Legally withheld all or part of the tenant’s rent after having given a reasonable notice to the housing provider, either orally in the presence of a witness or in writing, of a violation of the housing regulations; (4) Organized, been a member of, or been involved in any lawful activities pertaining to a tenant organization; (5) Made an effort to secure or enforce any of the tenant’s rights under the tenant’s lease or contract with the housing provider; or (6) Brought legal action against the housing provider.”
Source Link - 20 D.C. Mun. Regs. tit. 14 § 302.2 (2023)
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“After the beginning of the tenancy, if the habitation becomes unsafe or unsanitary due to violations of this subtitle in that habitation or in the common space of the premises (whether or not the violations are the subject of a notice issued under this subtitle), the lease or rental agreement for the habitation shall be rendered void if both of the following apply: (a) The violations did not result from the intentional acts or negligence of the tenant or his or her invitees; and (b) The violations are not corrected within the time allowed for correction under a notice issued under this subtitle (or, if a notice has not been issued, within a reasonable time after the owner has knowledge or reasonably should have knowledge of the violations).”
Source Link - 21 Parham v. CIH Props., Inc., 208 F. Supp. 3d 116, 124 (D.D.C. 2016)
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“A landlord’s failure to comply with the housing regulations constitutes a privately-enforceable breach of the warranty of habitability.”
Source Link
