| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent, utilities, and late fees
Costs of intentional or negligent damage |
| Return Deadline | 45 days (+30 days with deductions) |
| Itemized Deductions | Required |
| Penalty for Late Return | 3x Deposit with Interest + Court Costs + Attorneys’ Fees |
For laws on security deposit collections and holdings in Washington D.C., click here.
Security Deposit Deductions in Washington D.C.
In Washington D.C., a written lease agreement must state the exact charges a landlord intends to deduct from a security deposit. Common deductions include:
- Unpaid rent, utilities, and late fees
- Costs of damage excluding normal wear and tear
- Cleaning costs for excessively unkept property
Most states, as well as Washington D.C., do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Washington D.C.?
Washington D.C., unlike most places, has a legal definition for “Normal Wear and Tear:”
The term “ordinary wear and tear” means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition.
Examples include:
- Lightly scratched glass
- Faded flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
Washington D.C. law defines “damage” as:
Deterioration that results from negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other tangible personal property by the tenant, immediate family member, or a guest.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Washington D.C.?
Landlords can charge for replacing the carpet if it is damaged beyond ordinary wear and tear, and the terms and conditions of the security deposit state that it may be used for damage.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Washington D.C.?
Landlords in Washington, D.C. can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit, and the conditions of the security deposit state that it may be used for damage.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage and thus, chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Washington D.C.?
Washington D.C. landlords cannot charge a fee for professional cleaning of a rental property that has been returned in a state of wear and tear expected from ordinary use. They can only bill for cleaning costs related to the tenant’s negligent or intentional damage to the property, if any.
Can the Landlord Charge for Painting in Washington D.C.?
In Washington D.C., landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Washington D.C.
Landlords must return a security deposit with interest due, if any, by hand-delivery or certified mail within 45 days after the lease term ends if there are no deductions. If the landlord intends to make deductions, they must return the security deposit no later than 30 days after sending a statement that deductions will be made.
In order to determine the condition of the rental unit for the purpose of calculating deductions, landlords are entitled to an inspection conducted within 3 days before or after the lease term ends, excluding weekends and holidays. The landlord must notify the tenant in writing at least 10 days before the date of the inspection.
How Long Do Landlords Have to Return Security Deposits in Washington D.C.?
Within 45 days after the lease term ends, landlords must either return a full security deposit or provide a written notice that deductions will be made.
If a landlord intends to make deductions, they have an additional 30 days after the delivery of the initial written notice to return any remaining portion of the deposit.
Thus, landlords have a maximum of 75 days after the lease term ends to return a security deposit with deductions if the initial notice is provided to the tenant exactly 45 days after the lease term ends.
Do Landlords Owe Interest on Security Deposits in Washington D.C.?
Tenants are entitled to earn interest on their security deposit if their tenancy is longer than 12 months. The statement savings rate earned by the institution on January 1st and July 1st should be used for the following 6 months. Interest accrues from the first day of the lease term.
If a landlord holds a security deposit in an account that gains interest above the statement savings rate, they can keep up to 30% of the excess interest as an administration fee.
How Do Landlords Give Notice in Washington D.C.?
Written notice must be sent by certified mail or hand-delivery to the tenant’s last-known address. If a landlord does not return a security deposit in full, they must provide an itemized statement of deductions.
Can a Security Deposit Be Used for Last Month’s Rent in Washington D.C.?
Washington D.C. law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Disputes in Washington D.C.
If landlords do not return the security deposit within the required time period, tenants can file for damages in court for up to three timesthe amount of the deposit with interest plus court costs and attorneys’ fees.
If landlords do not provide interest due on a security deposit, they are liable for up to $5,000 as a civil penalty.
Tenants can also take legal action against a landlord for:
- Failure to provide an itemized statement when deductions are made
- Failure to provide terms and conditions of the deposit
- Failure to provide required disclosures
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Washington D.C.?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $10,000. If the amount is greater, the tenant must file a case in the Civil Actions Branch.
A small claims case must be filed within 3 years and an attorney is not required except for corporations and partnerships. Small Claims Court in Washington D.C. is a division of Superior Court. The filing fee is $5 to $45 depending on the amount of the claim plus the cost of service.
Sources
- 1 D.C. Mun. Regs. tit. 14, r. 14-308.6
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For each security deposit or other payment covered by this section, the owner shall clearly state in the lease or agreement or on the receipt for the deposit or other payment the terms and conditions under which the payment was made.
Source Link
- 2 D.C. Code § 42-3502.17(c)
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(1) No housing provider shall withhold a security deposit for the replacement value of apartment items that are damaged due to ordinary wear and tear.
(2) A covenant or promise by a tenant to leave, restore, surrender, or yield a leased premises in good repair does not obligate the tenant to make substantial repairs, replace obsolete materials, or fix other defects without negligence or fault on the tenant’s part.
(3) For the purposes of this subsection, the term “ordinary wear and tear” means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. The term “ordinary wear and tear” does not include deterioration that results from negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other tangible personal property by the tenant, immediate family member, or a guest.
Source Link - 3 D.C. Code § 42–3505.10(b-2)(2)
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A housing provider shall not charge a tenant a professional cleaning fee so long as the tenant returns the premises to the housing provider in a condition within the standard of ordinary wear and tear as defined in § 42-3502.17(c)(3).
Source Link - 4 D.C. Mun. Regs. tit. 14, r. 14-309.1
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Within forty-five (45) days after the termination of the tenancy, the owner shall do one of the following:
(1) Tender payment to the tenant, without demand, any security deposit and any similar payment paid by the tenant as a condition of tenancy in addition to the stipulated rent, and any interest due the tenant on that deposit or payment as provided in paragraph (4)(a) and (a-1) (14 DCMR § 311); or
(2) Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant’s last known address, of the owner’s intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.
Source Link - 5 D.C. Mun. Regs. tit. 14, r. 14-309.2
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The owner, within 30 days after notification to the tenant pursuant to the requirement of paragraph (2)(a)(2) (14 DCMR § 309.1(b)), shall tender a refund of the balance of the deposit or payment, including interest not used to defray such expenses, and at the same time give the tenant an itemized statement of the repairs and other uses to which the monies were applied and the cost of each repair or other use.
Source Link
- 6 D.C. Mun. Regs. tit. 14, r. 14-310
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310.1
In order to determine the amount of the security deposit or other payment to be returned to the tenant, the owner may inspect the dwelling unit within three (3) days, excluding Saturdays, Sundays, and holidays, before or after the termination of the tenancy.
310.2
The owner shall conduct the inspection, if the inspection is to be conducted, at the time and place of which notice is given to the tenant.
310.3
The owner shall notify the tenant in writing of the time and date of the inspection.
310.4
The notice of inspection shall be delivered to the tenant, or at the dwelling unit in question, at least ten (10) days before the date of the intended inspection.
Source Link - 7 D.C. Mun. Regs. tit. 14, r. 14-311.2
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Interest on an escrow account shall be due and payable by the owner to the tenant upon termination of any tenancy of a duration of twelve (12) months or more, unless an amount is deducted under procedures set forth in paragraph (2) (14 DCMR §§ 309.1 and 309.2). Any housing provider violating the provisions of this section by failing to pay interest on a security deposit escrow account that is rightfully owed to a tenant in accordance with the requirements of this section, shall be liable to the tenant, as applicable, for the amount of the interest owed, or in the event of bad faith, for treble that amount. For the purposes of this paragraph, the term “bad faith” means any frivolous or unfounded refusal to pay interest on a security deposit, as required by law, that is motivated by a fraudulent, deceptive, misleading, dishonest, or unreasonably self-serving purpose and not by simple negligence, bad judgment, or an honest belief in the course of action taken. Any housing provider who willfully violates the provisions of this section by failing to pay interest on a security deposit escrow account that is rightfully owed to a tenant in accordance with the requirements of this section shall be subject to a civil fine of not more than $ 5000 for each violation.(1) If the housing provider invests the security deposit in an account with an interest rate that exceeds that of the statement savings rate as required in subparagraph (a)(14) (14 DCMR § 311.1), the housing provider may apply up to 30% of the excess interest for administrative costs or other purposes.
Source Link - 8 D.C. Mun. Regs. tit. 14, r. 14-311.1
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The interest in the escrow account described in Section 2908.1(b) (14 DCMR § 308.3) on all money paid by the tenant prior to or during the tenancy as a security deposit, decorating fee, or similar deposit or fee, shall commence on the date the money is actually paid by the tenant, or within thirty (30) days after February 20, 1976, whichever is later, and shall accrue at not less than the statement savings rate then prevailing on January 1st and on July 1st for each 6-month period (or part thereof) of the tenancy which follows those dates. On those dates, the statement savings rate in the District of Columbia financial institution in which the escrow account is held shall be used. All interest earned shall accrue to the tenant except for that described in paragraph (4)(a-1) or as set forth in paragraph (2) (14 DCMR § 309).
Source Link - 9 D.C. Mun. Regs. tit. 14, r. 14-309.1
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Within forty-five (45) days after the termination of the tenancy, the owner shall do one of the following:
(1) Tender payment to the tenant, without demand, any security deposit and any similar payment paid by the tenant as a condition of tenancy in addition to the stipulated rent, and any interest due the tenant on that deposit or payment as provided in paragraph (4)(a) and (a-1) (14 DCMR § 311); or
(2) Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant’s last known address, of the owner’s intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.
Source Link - 10 D.C. Mun. Regs. tit. 14, r. 14-309
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(1) Any housing provider violating the provisions of this section by failing to return a security deposit rightfully owed to a tenant in accordance with the requirements of this section shall be liable for the amount of the deposit withheld or, in the event of bad faith, for treble damages.
(2) For the purposes of this sub-paragraph, the term “bad faith” means any frivolous or unfounded refusal to return a security deposit, as required by law, that is motivated by a fraudulent, deceptive, misleading, dishonest, or unreasonably self-serving purpose and not by simple negligence, bad judgment, or an honest belief in the course of action taken.
Source Link - 11 D.C. Mun. Regs. tit. 14, r. 14-309.3
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Failure by the owner to comply with § 309.1 and § 309.2 of this section shall constitute prima facie evidence that the tenant is entitled to full return, including interest as provided in § 311, of any deposit or other payment made by the tenant as security for performance of his or her obligations or as a condition of tenancy, in addition to the stipulated rent.
Source Link
- 12 Rule 14 - Costs, Sup. Ct. R. D.C. 14(a)(1)
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The court has discretion to award reasonable costs to either party, including the cost of bonds and undertakings, and other expenses incurred in the lawsuit. The court may award costs in a manner intended to discourage the filing of frivolous, vexatious, or false claims or defenses and to prevent interference with the administration of justice in this branch.
Source Link
- 13 D.C. Code § 42-3509.02
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The Rent Administrator, Rental Housing Commission, or a court of competent jurisdiction may award reasonable attorney’s fees to the prevailing party in any action under this chapter, except actions for eviction authorized under § 42-3505.01.
Source Link
- 14 D.C. Code § 42-3505.10(h)(1)
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A prospective tenant may file a complaint with the Office of Human Rights if he or she believes that a housing provider violated this section. If the Office of Human Rights determines that there is probable cause to believe that a housing provider has knowingly violated this section, the Office of Human Rights shall certify the complaint to the Commission on Human Rights. The Commission on Human Rights may impose the following penalties, of which half shall be awarded to the complainant and half shall deposited into the General Fund of the District of Columbia:(A) For a housing provider that owns or leases 1 to 10 rental units, a fine of up to $1,000;(B) For a housing provider that owns or leases 11 to 19 rental units, a fine of up to $2,500; and(C) For a housing provider that owns or leases 20 or more rental units, a fine of up to $5,000.
Source Link - 15 D.C. Code § 11-1321
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The Small Claims and Conciliation Branch has exclusive jurisdiction of any action within the jurisdiction of the Superior Court which is only for the recovery of money, if the amount in controversy does not exceed $10,000, exclusive of interest, attorney fees, protest fees, and costs. An action which affects an interest in real property may not be brought in the Branch. If a counterclaim, cross claim, or any other claim or any defense, affecting an interest in real property, is made in an action brought in the Branch, the action shall be certified to the Civil Division.
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