When landlords need more flexibility than a traditional year-long lease offers, they have another option. Landlords often use a Washington, D.C., month-to-month lease agreement to avoid the constraints of a fixed-term lease. These agreements automatically renew each month, but landlords and “tenants at will” can terminate them at any time.
If you’re considering a month-to-month lease, use this guide to understand the local laws that govern the agreement. We’ll cover mandatory disclosures, rental guidelines, and best practices.
Disclosures (7)
Add the following mandatory disclosures to their Washington, D.C., month-to-month lease agreement:
- Lead-based paint: Inform tenants about any lead-based paint and related hazards in homes older than 1978 (42 U.S.C. § 4852d).
- Tenant Bill of Rights: Include a copy of the Tenant Bill of Rights in their month-to-month lease (Washington, D.C. Tenant Bill of Rights).
- Landlord information: Provide the landlord’s name and contact information (D.C. Code § 42-3502.22(b)(1)(J)).
- Rent control or exemption status: Share the property’s rent control status when landlords sign the lease (D.C. Code § 42-3502.22(b)(1)(E)).
- RAD Form 3 (Applicant Disclosure Form): Give tenants a packet of information about the rental property, including:
- Housing codes or maintenance violations within the past year
- List of surcharges (if any)
- List of one-time non-refundable fees (if any)
- Condo or co-op registration notice (Washington, D.C. RAD Form 3)
- Mold disclosure: If mold has contaminated the property in the last 3 years and a licensed, certified professional hasn’t completely resolved the issue, landlords must tell tenants (D.C. Code § 42-3502.22(b)(1)(K)).
- Voter registration: Share a voter registration packet alongside their lease agreement (D.C. Code § 42-3502.22(b)(1)(L)).
Optional Disclosures and Addenda
Make sure their Washington, D.C., month-to-month lease agreement is clear and complete by adding extra disclosures and addenda. Local law doesn’t require the following items, but we recommend adding them to reduce risk and misunderstandings:
Asbestos: Inform tenants about any asbestos hazards.
Bed bugs: Share information about previous bed bug infestations in the unit and surrounding units.
Medical marijuana use: Outline their medical marijuana policy (if any). Some jurisdictions allow landlords to designate smoking areas or require tenants to use only non-smoking methods.
Move-in checklist: Detail the property’s current condition, including all damage, at the time of move-in.
Shared utilities: Explain how landlords divide utility costs if the property shares a utility meter with another unit.
Smoking: State their smoking policy, identifying designated smoking areas and related rules.
Additional Washington, D.C., Month-to-Month Lease Laws
Once landlords have created their lease and handed over the keys, local laws still apply. Whether you’re terminating the agreement, increasing rent, or accessing the property, landlords must follow Washington, D.C.’s legal process.
Next, we’ll review all of the guardrails that regulate their Washington, D.C., month-to-month lease agreement. Landlords, take note:
Notice to Terminate a Month-to-Month Agreement
As we mentioned earlier, a Washington, D.C., month-to-month lease agreement automatically renews each month. It doesn’t set an end date, so both parties must provide advanced notice to terminate the tenancy.
Required termination notice: Landlords and tenants must provide 30 days’ written notice (D.C. Code § 42-3505.54).
Laws Governing Rent Increases
Many properties in Washington, D.C. must follow rent control laws. Additionally, all landlords must register their units to determine if rent caps apply. If rent control applies to their unit, landlords can only raise rent by the CPI plus an additional 2% (D.C. Code § 42-3502.08).
Lease Violations and Eviction
If someone breaks the lease, local law outlines the next steps. Here’s what landlords need to know:
Missed rent payment: Provide a 30-Day Notice to Pay or Quit before pursuing eviction (D.C. Code § 42-3505.01(a-1)(1)).
Lease violation: For other violations besides non-payment, send tenants a 30-Day Notice to Cure or Quit (D.C. Code § 42-3505.01(b)).
Lease abandonment: If tenants abandon the property, landlords can typically hold them liable for missed rent payments and other penalties.
Self-help evictions: Landlords can’t use self-help evictions, such as shutting off utilities or locking tenants out. Landlords must follow the District’s court-ordered eviction process.
Rent Payment Laws
Keep the following rent collection policies in mind when creating their Washington, D.C., month-to-month lease agreement:
Rent control/stabilization: Unless Washington, D.C. specifically exempts their property, strict rent stabilization laws apply (D.C. Code § 42-3502.08).
Late rent fees: Washington, D.C. caps late fees at 5% of the monthly rent (D.C. Code § 42-3505.31(a)).
Grace period: Landlords must offer a 5-day grace period (D.C. Code § 42-3505.31(b)(2)).
Tenant’s right to withhold rent: Tenants can’t withhold rent to make repairs in Washington, D.C.
Pet rent laws: Landlords can collect pet rent only if they outline it in their rental agreement.
Security Deposits
Washington, D.C. caps security deposits and requires landlords to follow specific rules when handling the funds.
Maximum amount: Landlords can collect up to 1 month’s rent for security deposits (D.C. Code § 42-3502.17).
Deposit receipt: Local law requires security deposit receipts (D.C. Municipal Regulations § 308).
Interest payments: Keep the deposit in its own interest-bearing account and give tenants the accrued interest (D.C. Municipal Regulations § 309).
Security deposit return: Return the security deposit plus accrued interest within 30 days (D.C. Municipal Regulations § 309).
Deductions: Provide an itemized list of deductions in writing (D.C. Code § 42-3502.17).
Property Access Laws
Washington, D.C., protects the tenant’s privacy and prohibits landlord harassment. Follow these rules when entering the unit to perform maintenance or inspections:
Advance notice: Give tenants at least 48 hours’ notice before entering the property (D.C. Code § 42-3505.51).
Immediate access: District law allows landlords to enter without notice only in emergencies (D.C. Code § 42-3505.51(b)(1)).
Harassment: If landlords harass tenants by abusing their right of entry, tenants may be able to break their lease early without penalty.
To streamline the process of creating a month-to-month lease agreement in Washington, D.C., download our free PDF template at the top of this guide.
