A Washington D.C. rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Washington D.C. landlord-tenant law governs and regulates these agreements.
Washington D.C. Rental Agreement Types
Washington D.C. Required Residential Lease Disclosures
- Tenant’s Bill of Rights (required for all leases) – Washington D.C. landlords must, with each lease, distribute the Tenant Bill of Rights published by the Office of the Tenant Advocate. This Bill of Rights outlines the basic rights of tenancy in Washington D.C.
- RAD Form 3 (Applicant Disclosure Form) (required for all leases) – Washington D.C. landlords must provide a disclosure published by the Rent Administrator to any applicants looking to lease a rental unit.
- RAD Form 5 (Notice of Disclosure Forms) (required for all leases) – Washington D.C. housing providers must give a complete and signed Form 5 disclosure to the tenant.
- Rent Control/Exemption Status (required for some leases) – Washington D.C. landlords must disclose if the property is rent-stabilized or has an exempt status. This disclosure must specify the housing accommodation, its business license, and a copy of the registration or claim of exemption, together with the most recent notice filed.
- Mold Disclosure (required for some leases) – Washington D.C. landlords must disclose to the tenant any indoor mold contamination within the last three years. This includes (if available) proof of professional remediation.
- Voter Registration Packet (required for all leases) – Washington D.C.’s Rent Administrator disclosures must include the voter registration packet developed by the District of Columbia Board of Elections.
- Lead-Based Paint Disclosure (required for all leases) – For any property built before 1978, federal law requires that a Washington D.C. residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Washington D.C., click here.
Common Washington D.C. Residential Leases
- GCAAR Residential Lease – This lease is intended for use by members of the Greater Capital Association of REALTORS® (GCAAR). It is in common use in residential situations throughout the Washington D.C. area. It includes extensive disclosures and addenda, covering a variety of issues from mold treatment to tenant bankruptcy.
Washington D.C. Landlord Tenant Laws
- Warranty of Habitability – Washington D.C. landlords can only rent out habitable property, which means providing certain features essential to basic health and safety like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within a reasonable time after proper notice from the tenant. Failure to repair lets a tenant sue the landlord or terminate the lease. Tenants in Washington D.C. can also withhold rent (including repairing and deducting from the rent), or report the landlord to housing authorities.
- Evictions – Washington D.C. landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay or quit, depending on the eviction type. This means most evictions in Washington D.C. take between a few weeks to a few months.
- Security Deposits – Washington D.C. caps security deposits at a maximum of one month’s rent. Upon lease termination, a landlord must return any unused portion of a security deposit to the tenant within 45 days.
- Lease Termination – Washington D.C. lets tenants break a month-to-month lease with at least 30 days of advance notice. A fixed-term lease usually can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Washington D.C. landlords must keep the requirements of the Rental Housing Act of 1985 (if applicable). The Office of the Tenant Advocate updates the rent increase limit yearly for applicable units. Notice for a rent increase is the amount of notice required for a tenant to terminate the lease, plus 30 days (minimum of 60 days). Washington D.C. caps late fees at 5% of the monthly rent. There is no regulation on returned check fees except that certified low-income tenants cannot be charged more than $15 for a bounced check.
- Landlord Entry – Washington D.C. landlords may enter rental property for purposes reasonably related to the tenancy, such as maintenance, inspections, and property showings. Before entering, a landlord must provide at least 48 hours of written advance notice, except in emergency situations.
- Settling Legal Disputes – Washington D.C. allows its small claims courts to hear landlord-tenant disputes, as long as the amount in controversy is under $10,000.
To learn more about landlord tenant laws in Washington D.C., click here.
Sources
- 1 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, or, if the notice was provided before January 1, 2024, more than 30 days after the notice of the increase is given to the tenant; provided, that the requirements of § 42-3505.54(b) are met.
Source Link - 2 D.C. Code § 42–3505.54(b)
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A housing provider shall not place or cause to be placed in a residential lease or rental agreement a requirement that the tenant provide more than a 30-day notice to the housing provider of the tenant’s intention to vacate the premises, unless the lease or agreement also requires the housing provider to provide the tenant with a written notice of any rent increase that is at least 30 days more than that time period.
Source Link - 3 D.C. Mun. Regs. tit. 14, r. 14-6207.1
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Tenants whose checks are returned for insufficient funds shall be assessed a fifteen dollars ($15) returned check fee, and shall be required to make payment within five (5) working days, from the date of the returned check notice, for the amount outstanding. This payment shall be in the form of a “money order” or “cashier’s check.”
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