A Washington D.C. month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Washington D.C. Month-to-Month Rental Agreement
In Washington D.C., a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Washington D.C. landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Washington D.C.
Washington D.C. landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Tenant Bill of Rights – 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.
- RAD Forms 3 and 5 – 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.
- Rent Control/Exemption Status Disclosure – 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.
- Mold Disclosure – Landlords must disclose any visible evidence of mold in the rental unit, in writing, with any initial inventory of the rental property.
- Voter Registration Packet – Washington D.C. landlords must provide tenants with a voter registration packet developed by the District of Columbia Board of Elections.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Washington D.C.
Washington D.C. lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Washington D.C. requires written notice to end a month-to-month lease. In general, service requires hand delivery or mailing to the address of record.
Required Notice To Raise the Rent on a Washington D.C. Month-to-Month Lease
Washington D.C. requires that notice for a rental increase be delivered in writing, at least 60 days in advance of when the increase is scheduled to take effect.
Eviction in Washington D.C. Month-to-Month Rentals
Washington D.C. tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Washington D.C. typically take two to eight months.
For more information on the eviction process in Washington D.C., click here.
Sources
- 1 D.C. Code § 42–3202(b)
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A residential tenancy may be terminated by a 30-day notice in writing only from the tenant to the housing provider of the tenant’s intention to quit. The notice shall expire on the first day of the first month at least 30 days after the date of the notice.
Source Link - 2 D.C. Code § 42–3509.04(a)
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Unless otherwise provided by Rental Housing Commission regulations, any information or document required to be served upon any person shall be served upon that person, or the representative designated by that person or by the law to receive service of the documents. When a party has appeared through a representative of record, service shall be made upon that representative. Service upon a person may be completed by any of the following ways:
(1) By handing the document to the person, by leaving it at the person’s place of business with some responsible person in charge, or by leaving it at the person’s usual place of residence with a person of suitable age and discretion;
(2) By telegram, when the content of the information or document is given to a telegraph company properly addressed and prepaid;
(3) By mail or deposit with the United States Postal Service properly stamped and addressed; or
(4) By any other means that is in conformity with an order of the Rental Housing Commission or the Rent Administrator in any proceeding.
Source Link - 3 D.C. Code § 42–3509.04(b)
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No rent increases, whether under this chapter, the Rental Accommodations Act of 1975, the Rental Housing Act of 1977, the Rental Housing Act of 1980, or any administrative decisions issued under these acts, shall be effective until the first day on which rent is normally paid occurring more than 60 calendar days after the notice of the increase is given to the tenant; provided, that the requirements of § 42-3505.54(b) are met.
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