A Washington D.C. residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
Washington D.C. Residential Lease Agreement Disclosures
These disclosures are required for some or all residential lease agreements in Washington D.C.:
| Disclosure | Applicable To |
|---|---|
| Tenant’s Bill of Rights | All Units |
| RAD Form 3 (Applicant Disclosure Form) | All Units in a Housing Accommodation |
| RAD Form 5 (Notice of Disclosure Forms) | All Units |
| Rent Control/Exemption Status | All Units in a Housing Accommodation |
| Mold Disclosure | Units with Mold Contamination in Past Three Years |
| Voter Registration Packet | All Units |
| Lead Paint | Units Built Before 1978 |
Tenant’s Bill of Rights
Applicable to all in Washington D.C. rentals.
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. This document outlines the basic rights of tenancy in Washington D.C.
Download: Washington D.C. Tenant Bill of Rights (PDF)
RAD Form 3 (Applicant Disclosure Form)
Applicable to anyone in Washington D.C. filing an application to lease.
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. These disclosures (also known as RAD Form 3) must be completed in full and signed by both the applicant and housing provider. The law requires disclosure of the following information:
- Copies of housing code and property maintenance code violation reports, including all violations within the past 12 months plus any citations beyond that timeline which are still present
- Notice of any surcharges on rent for the rental unit, including capital improvement surcharges and the expiration date of those surcharges (plus the amount and basis of any rent increases in the past three years, upon request)
- Notice of any one-time, nonrefundable fees charged in the rental agreement for pets, access to amenities, or other expenses (including late payment fees, which the District caps at 5%; there’s no cap on returned check fees unless the property is certified low-rent, in which case it’s $15)
- Disclosure if dwelling unit is registered as, or in the process of converting to, a condominium or cooperative or other use that is not a housing accommodation
- Disclosure of ownership information for the rental property, including business license information
Download: Washington D.C. RAD Form 3 (PDF)
Rad Form 5 (Notice of Disclosure Forms)
Applicable to all Washington D.C. rentals.
Washington D.C. landlords must provide the disclosures mandated by the Rental Housing Act of 1985. The contents of the disclosure must be updated within 30 days of any change. The provider of housing must complete the form and sign it, then provide a copy to the tenant.
Download: Washington D.C. RAD Form 5 (PDF)
Rent Control/Exemption Status
Applicable to all Washington D.C. housing accommodations.
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. This must include the landlord’s business license, and a copy of rent control registration (or claim of exemption, if applicable), together with the most recent notice filed.
Download: Washington D.C. Rent Control Fact Sheet (PDF)
Mold Disclosure
Applicable to all Washington D.C. rentals with mold contamination within the past three years.
Washington D.C. landlords must disclose knowledge of any indoor mold contamination in the rental unit or common areas within the past three years. The landlord must also provide proof of remediation, if completed by a professional remediation company licensed and certified in the District of Columbia.
Voter Registration Packet
Applicable to all Washington D.C. rentals.
Washington D.C. landlords must provide tenants with a voter registration packet developed by the District of Columbia Board of Elections.
The voter registration packet includes:
- Application to register
- Information about online registration and address updates
- Voting rights for individuals with criminal records
- Registration information for high school and college students
- A link to the Board of Elections website providing the date of the next upcoming election
- Polling place locations
- Names and positions of current elected officials in the District of Columbia
Download: Washington D.C. Voter Registration Packet (PDF)
Lead-Based Paint Disclosure
Applicable to any Washington D.C. rentals units built before 1978.
Washington D.C. residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint.
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Washington D.C. Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Washington D.C. law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Landlord’s Name and Address | Specifies the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Move-In Checklist | Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 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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