In general, a landlord in Washington DC has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within a “reasonable time” of getting written notice from the tenant about the needed repairs.
Washington DC Landlord Responsibilities for Repairs
Washington DC landlords are responsible for keeping all of the following in good working condition:
- Plumbing.
- Provided utilities.
- Heating.
- Air conditioning, between May 15-Sep. 15 (if provided).
- Hot water.
- Garbage containers (in multiple dwellings).
- Garbage removal services.
- Required smoke alarms and carbon monoxide (CO) detectors.
- Windows and doors, including locks for doors as appropriate.
- Painting.
- Roofs and chimneys.
- Other structural elements like floors, guardrails, walls, and stairways.
- Provided kitchen appliances.
- Common areas (in multiple dwellings).
- Any other features that affect habitability as defined by the DC housing code.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Washington DC?
Washington DC tenants are responsible for repairing any damage they cause to the property which affects health and safety.
Requesting Repairs in Washington DC
Washington DC tenants must request repairs by providing the landlord notice about the issue that needs repair. Ideally, a repair request should describe how the issue violates the housing code. Written notice isn’t legally required, but is strongly preferred because it documents the exact wording and timing of the request.
How Long Does a Landlord Have To Make Repairs in Washington DC?
Washington DC landlords have a “reasonable time” to make repairs after getting proper notice about an issue from the tenant or a housing inspector.
Can the Landlord Refuse To Make Repairs in Washington DC?
Washington DC landlords cannot refuse to make repairs that are their responsibility without a government order excusing them from performance.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Washington DC?
Washington DC landlords are not required to pay for alternative accommodation while they conduct repairs. However, a situation that requires the tenant to move out for repairs may be a constructive eviction that lets the tenant end the lease and stop paying rent after moving out. Tenants might also have the option to withhold rent while the dwelling unit is unavailable.
Tenant’s Rights if Repairs Aren’t Made in Washington DC
Washington DC tenants can cancel the rental agreement if the landlord doesn’t make timely repairs, in many situations. They might also sue for damages, report the landlord to housing inspection authorities, or withhold rent.
Can the Tenant Withhold Rent in Washington DC?
Washington DC tenants can withhold rent when a landlord hasn’t made necessary repairs after proper notice.
Can the Tenant Repair and Deduct in Washington DC?
Washington DC doesn’t have clear law on repair-and-deduct remedies for tenants. The tenant can lawfully withhold the entire sum of rent. This implies the tenant can also spend some of the withheld amount on necessary repairs. Courts have not yet formed clear rules around this remedy.
Can the Tenant Break Their Lease in Washington DC?
Washington DC tenants can break their lease after allowing a “reasonable time” for necessary repairs to issues they didn’t cause.
Can the Tenant Sue in Washington DC?
Washington DC tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs after proper notice.
Can the Tenant Report the Landlord in Washington DC?
Washington DC tenants can report landlords for code violations that affect health or safety. This is the recommended default remedy when a landlord isn’t making required repairs.
Landlord Retaliation in Washington DC
It’s illegal for Washington DC landlords to do any of the following with an intent to retaliate against a tenant:
- Increase rent or obligations.
- Decrease services.
- Attempt eviction (including pressure to evict outside the legal process).
- Violate tenant privacy.
- Harass or unduly inconvenience the tenant.
- Refuse to honor a provision of the lease or rental agreement.
Tenants get six months of legal protection after they take a protected action. During this period, courts presume retaliatory intention with any of the items listed above, unless the landlord proves a clear and convincing justification. These are the actions the law protects:
- Complaints to the landlord or the government about failure to maintain the property.
- Participation in a tenant organization.
- Asserting rights under Washington DC’s housing laws.
- Taking legal action against the landlord.
Sources
- 1 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 - 2 Dist. of Columbia Dept. of Bldgs., How to Report Suspected Housing Violations 2-6 (Oct. 3, 2022)
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The DC housing authorities publish a summary list of housing requirements geared toward concerned tenants. See Dist. of Columbia Dept. of Bldgs., How to Report Suspected Housing Violations 2-6 (Oct. 3, 2022). For the detailed requirements in the housing law itself, see also D.C. Mun. Regs. § 14 (2023).
Source Link - 3 D.C. Mun. Regs. tit. 14 § 601.1 (2023)
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“Minimum basic plumbing facilities in buildings used in whole or in part to house one (1) or more habitations shall be as required in this section.”
Source Link - 4 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 - 5 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 - 6 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.”
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 § 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 - 9 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 - 10 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 - 11 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 - 12 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 - 13 D.C. Mun. Regs. tit. 14 § 707 (2023)
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“Loose or peeling wall covering or paint on interior surfaces shall be removed, and the surface so exposed shall be repainted or repapered by the owner… [and] a lead-based paint hazard… shall be enforced by the Mayor according to the provisions of the Lead Hazard Prevention and Elimination Act.”
Source Link - 14 D.C. Mun. Regs. tit. 14 §§ 702.1 & .2 (2023)
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“The roof shall be maintained so it does not leak, and all rain water shall be drained and conveyed from the roof so that it does not cause wet walls or ceilings. Each smoke pipe and each chimney shall be adequately supported, free from obstruction, and maintained in such condition that there will be no leakage or backing up of noxious or dangerous gases.”
Source Link - 15 D.C. Mun. Regs. tit. 14 § 7 (2023)
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The structural requirements imposed in Washington DC are too detailed to justify point-by-point citations, but in general, walls must be kept free of holes and gaps, floors and stairways must be structurally sound and in reasonable repair, and guardrails, gutters, and other safety devices must meet code requirements and be kept in good order. See D.C. Mun. Regs. tit. 14 § 7 (2023)
Source Link - 16 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 - 17 D.C. Mun. Regs. tit. 14 § 803.2 (2023)
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“In multiple dwellings… the owner or licensee shall… keep the common space of the premises free from any accumulation of ashes, garbage, or refuse.”
Source Link - 18 D.C. Mun. Regs. tit. 14 § 301.1 (2023)
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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 - 19 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 - 20 D.C. Mun. Regs. tit. 14 § 802.3 (2023)
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“A tenant shall not do or permit any person on the premises with the tenant’s permission to do any of the following: (a) Willfully or wantonly destroy, deface, damage, impair, or remove any part of the structure or dwelling unit; or (b) Willfully or wantonly destroy, deface, damage, impair, or remove any part of the facilities, equipment, or appurtenances to the dwelling unit.”
Source Link - 21 Office of the Att’y Gen. for D.C., Resources for Tenants: Document and Report Problems (2023)
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Washington D.C. does not require written notice from tenants to landlords about needed repairs. The city inspections process provides written notice of any code violations. However, city authorities strongly recommend written notice nevertheless: “If possible, make all of your requests for repairs in writing. Keep a copy of every letter or note you write.” Office of the Att’y Gen. for D.C., Resources for Tenants: Document and Report Problems (2023) (emphasis in original)
Source Link - 22 Gatling v. Jubilee Hous., Civil Action 20-3770 (FYP), 14 (D.D.C. Jan. 26, 2022)
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“[T]here is no breach of the covenant [of quiet enjoyment] unless there is an eviction from, or some actual disturbance in, the possession by the landlord or by some third person under paramount [i.e. primary] title.” Gatling v. Jubilee Hous., Civil Action 20-3770 (FYP), 14 (D.D.C. Jan. 26, 2022) (internal citations omitted)
Source Link - 23 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 - 24 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 - 25 D.C. Code § 42-3505.02(b)(1) & (b)(2) (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: (1) Has made a witnessed oral or written request to the housing provider to make repairs which are necessary to bring the housing accommodation or the rental unit into compliance with the housing regulations; [or] (2) Contacted appropriate officials of the District government, either orally in the presence of a witness or in writing, concerning existing violations of the housing regulations in the rental unit the tenant occupies or pertaining to the housing accommodation in which the rental unit is located, or reported to the officials suspected violations which, if confirmed, would render the rental unit or housing accommodation in noncompliance with the housing regulations.”
Source Link - 26 D.C. Code § 42-3505.02(a) (2023)
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“No housing provider shall take any retaliatory action against any tenant who exercises any right conferred upon the tenant by this chapter, by any rule or order issued pursuant to this chapter, or by any other provision of law. Retaliatory action may include any action or proceeding not otherwise permitted by law which seeks to recover possession of a rental unit, action which would unlawfully increase rent, decrease services, increase the obligation of a tenant, or constitute undue or unavoidable inconvenience, violate the privacy of the tenant, harass, reduce the quality or quantity of service, any refusal to honor a lease or rental agreement or any provision of a lease or rental agreement, refusal to renew a lease or rental agreement, termination of a tenancy without cause, or any other form of threat or coercion.”
Source Link - 27 Gomez v. Independence Mgmt., 967 A.2d 1276, 1290 (D.C. 2009)
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“[Tenants] get the benefit of the statutory presumption that the [landlord’s] action was retaliatory unless the housing provider comes forward with clear and convincing evidence to rebut this presumption.” Gomez v. Independence Mgmt., 967 A.2d 1276, 1290 (D.C. 2009) (internal citations omitted)
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