District of Columbia Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Landlords in the District of Columbia may collect a security deposit of up to one month's rent, must hold it in an interest-bearing account, and have 45 days after the tenancy ends to return it with interest or send itemized deductions. Before entering, a landlord must give 48 hours of written notice and may only enter between 9 a.m. and 5 p.m., never on Sundays or federal holidays.

Security deposits in the District of Columbia

DC law caps the security deposit at one month's rent. That amount is not simply held in a drawer: the landlord must place it in an interest-bearing account and pay the accrued interest to the tenant when the deposit is returned. Within 45 days after the tenancy ends, the landlord must either return the full deposit with interest or provide a written, itemized list of deductions along with any remaining balance. Failure to comply can expose the landlord to a claim for damages, including the deposit amount plus treble damages for bad-faith withholding.

These operating rules come from the District's housing regulations at 14 DCMR 308 through 311, which cover security deposits, repayment to tenants, inspection of the premises on return, and interest on security deposit escrow accounts. D.C. Code § 42-3502.17 is the Code section tenants are usually pointed to, but it does not itself set the cap, the interest requirement, or the 45-day deadline; it directs that deposits be collected under the Security Deposit Act and those regulations, and separately bars withholding a deposit for ordinary wear and tear.

Permitted deductions are limited to unpaid rent and actual physical damage to the unit beyond normal wear and tear. Painting, carpet cleaning for ordinary use, and replacing light bulbs do not qualify. Tenants should document the condition of the unit with dated photos at move-in and move-out, and send a written move-out notice via certified mail to start the 45-day clock clearly.

When can a landlord enter? Notice rules

DC landlords must give 48 hours of advance written notice before entering a rental unit. The notice requirement is not merely a courtesy: under D.C. Code § 42-3505.51(a)(3), entry is only permitted between 9 a.m. and 5 p.m., and not on a Sunday or federal holiday. Note that Saturday is not excluded, so a Saturday visit inside those hours is lawful. This schedule reflects DC's tenant-protective framework and is stricter than the rules in most US states.

There is an exception for genuine emergencies, such as a burst pipe, a fire, or a gas leak, where immediate access is needed to prevent serious harm. In those cases, the landlord may enter without prior notice and should document the emergency reason in writing afterward. For routine repairs, inspections, or showing the unit to prospective tenants, the 48-hour written-notice rule applies.

Two variations are written into the statute itself, and both belong to the tenant. The tenant may agree in writing to less than 48 hours of notice, and the tenant may agree to entry at another time outside the 9-to-5 window. A landlord cannot shorten the notice or move the hours unilaterally. One duty runs the other way: if a tenant has alleged a housing code violation, the tenant may not unreasonably block access for assessment and abatement and must provide access within 48 hours of the landlord's written request.

Tenants who believe a landlord has entered illegally may file a complaint with the DC Office of the Tenant Advocate or raise it as a defense in any eviction proceeding. Repeated unauthorized entries can support a claim for harassment under DC's tenant-protection statutes.

Ending a lease: notice to vacate

The 30-day notice most people have heard about runs in one direction only. D.C. Code § 42-3505.54 provides that a month-to-month tenancy may be terminated by a 30-day written notice only from the tenant to the housing provider, expiring on the first day of the first month at least 30 days after the notice date. A DC landlord has no matching 30-day option.

Instead, D.C. Code § 42-3505.01 governs, and on its text it reaches rental units across the District rather than rent-controlled units alone. No tenant may be evicted despite the expiration of a lease so long as the tenant keeps paying the rent the housing provider is entitled to, and no tenant may be evicted for any reason without a written notice meeting the statute's requirements. A housing provider may recover possession only on an enumerated ground, each carrying its own notice period:

• Nonpayment of rent: at least 10 days of notice before filing, and no such notice may issue where the unpaid rent is less than $600.
• A violation of an obligation of the tenancy other than nonpayment: the tenant has 30 days after notice to correct it.
• Owner move-in, or a sale to a purchaser who will occupy the unit: 90 days.
• Alterations and renovations that cannot be made with the tenant in place, or substantial rehabilitation: 120 days.
• Demolition, or discontinuing the housing use and occupancy of the unit: 180 days.

Notices for every reason other than nonpayment of rent must be served on both the tenant and the Rent Administrator. Fixed-term leases expire on the date stated in the lease, but expiration alone is not a ground for eviction; when a fixed-term lease ends, the tenancy converts to a month-to-month arrangement unless both parties agree otherwise. A landlord seeking to remove a tenant must follow the formal eviction process through the DC Superior Court's Landlord-Tenant Branch, and only a court can order an eviction.

For help filing or responding to an eviction notice in DC, see the eviction notice hub for guidance on notice types and required language.

Repairs and the warranty of habitability

DC recognizes a strong implied warranty of habitability, meaning a landlord must keep the rental unit in a condition that is safe, sanitary, and fit for human habitation throughout the entire tenancy. The DC Housing Code sets specific minimum conditions covering heating (68 degrees Fahrenheit from October 1 through May 1), plumbing, electrical systems, structural soundness, and freedom from pests and mold.

When a landlord fails to make repairs after proper written notice, DC tenants have real remedies. Repair-and-deduct is available: a tenant may arrange for the repair themselves and deduct the reasonable cost from rent, subject to proper notice procedures. Tenants may also pay rent into escrow with the court until repairs are made, or pursue a rent-reduction order for the period the unit was substandard. For serious code violations, the tenant may file a complaint with the DC Department of Buildings' Housing Code Enforcement Division, which can order repairs and impose fines on the landlord.

Tenants considering using the repair-and-deduct remedy should send written notice of the defect to the landlord, allow reasonable time for repair, keep all contractor receipts, and be prepared to document why the remedy was necessary.

Rent, late fees, and rent control

DC late fees are capped at 5% of the rent due for the payment period. The grace period is set by statute, not by lease practice. Under D.C. Code § 42-3505.31(b), a housing provider may charge a late fee only if the written lease informs the tenant of the maximum late fee that may be charged, and only if the tenant has not paid the full rent within 5 days, or any longer grace period the lease provides, after the rent was due. A lease can extend that 5-day floor but cannot cut it shorter, and a lease that never discloses the maximum late fee supports no late fee at all.

The statute adds further limits. A housing provider may not charge interest on a late fee, deduct a late fee from a later rent payment, impose more than one late fee on each late payment, or evict a tenant on the basis of nonpayment of a late fee. After the grace period, a landlord may invoice a lawful late fee for payment within 30 days and, if it goes unpaid, deduct it from the security deposit at the end of the tenancy.

Rent-increase notices must be provided in advance and in writing. For month-to-month tenants not covered by rent control, 30 days of notice is standard. For rent-controlled tenants, increases are subject to approval under the Rental Housing Act.

Rent control is active and substantial in DC. The Rental Housing Act of 1985 covers most residential rental units in buildings built before 1976. The annual allowable rent increase is calculated as the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) plus 2%, up to a maximum of 10% in any year. For elderly tenants (62 or older) and tenants with disabilities, the cap is CPI-W only, with a maximum of 5%. For 2025, the DC Rent Administrator set the general cap at 4.8%; the figure is recertified annually, so confirm the current year's percentage with the Rent Administrator before relying on it.

Exemptions from rent control are narrower than they are often described. Newly constructed housing accommodations permitted after December 31, 1975, and newly created units covered by a certificate of occupancy issued after January 1, 1980, are exempt. A separate exemption under D.C. Code § 42-3502.05(a)(3) covers a rental unit in a housing accommodation of 4 or fewer rental units, including an aggregate of 4 units whether or not they sit in the same structure, but only where all of its conditions are met: the accommodation is owned by no more than 4 natural persons, none of the housing providers holds an interest, directly or indirectly, in any other rental unit in the District, and the housing provider files a claim of exemption statement with the Rent Administrator.

Two points are commonly gotten wrong. That exemption contains no owner-occupancy requirement, so a landlord does not have to live in the building to claim it, and an off-site small landlord may qualify. And there is no standalone exemption for single-family homes as a category; a rented single-family house is exempt only if it independently satisfies the same test. Because the filing condition is the one that most often defeats a claimed exemption, a tenant who is told their unit is exempt can ask whether a claim of exemption was actually filed. If a unit is subject to rent control, the landlord must register it with the Rental Accommodations Division (RAD) of the DC Department of Housing and Community Development (DHCD). Tenants can verify whether their unit is covered through the RAD database.

If you have a landlord-tenant dispute in the District of Columbia

DC offers strong tenant protections and multiple channels for resolving disputes. The starting point for any dispute is documentation: keep copies of your lease, all correspondence with your landlord, rent payment receipts, photos of the unit's condition, and any written repair requests. Written communication by certified mail creates a paper trail that is useful in court.

For security deposit disputes, DC Superior Court's Landlord-Tenant Branch handles cases involving amounts up to $10,000 through a streamlined process. Filing fees are modest, and the court has tenant self-help resources available.

For housing-code violations and habitability complaints, contact the DC Department of Buildings' Housing Code Enforcement Division. For rent-control questions, rent-increase challenges, and petitions, the Rental Accommodations Division at DHCD is the administrative body. The DC Office of the Tenant Advocate (OTA) provides free guidance to tenants and can help navigate the complaint process or refer cases to legal aid.

DC Legal Aid and other nonprofit organizations offer free or low-cost legal assistance to qualifying tenants facing eviction or serious habitability problems. Consulting a licensed DC attorney is advisable for any dispute involving a termination, eviction, or significant money claim.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related pages: Landlord-Tenant Laws hub | Eviction notice guide | District of Columbia squatters rights

Frequently Asked Questions

How long does a landlord have to return my deposit in the District of Columbia?

A DC landlord has 45 days after the tenancy ends to return the security deposit with accrued interest, or to send an itemized written list of deductions along with any remaining balance. Failure to return the deposit on time can result in a claim for damages, including treble damages for bad-faith withholding. These mechanics come from the District's housing regulations at 14 DCMR 308 through 311 rather than from the D.C. Code section on security deposits.

What is the maximum security deposit in the District of Columbia?

DC limits the security deposit to one month's rent. The landlord must hold the deposit in an interest-bearing account and pay the accumulated interest to the tenant when the deposit is returned.

How much notice must a landlord give to enter in the District of Columbia?

DC landlords must give 48 hours of advance written notice before entering a rental unit. Entry is only permitted between 9 a.m. and 5 p.m., and not on a Sunday or federal holiday, so a Saturday visit within those hours is lawful. The tenant may agree in writing to shorter notice, or agree to entry at another time, but a landlord cannot change either on its own. Emergency access is permitted without notice when needed to prevent serious harm.

How much notice is needed to end a month-to-month lease in the District of Columbia?

A tenant may end a month-to-month tenancy in DC with 30 days of written notice. That 30-day notice runs only from the tenant to the housing provider under D.C. Code 42-3505.54, and a landlord has no equivalent 30-day option. Under D.C. Code 42-3505.01, which on its text applies to rental units across the District and not only to rent-controlled ones, a housing provider may recover possession only on an enumerated ground, with notice periods running from 10 days for nonpayment of rent to 90 days for an owner move-in or sale, 120 days for renovation or substantial rehabilitation, and 180 days for demolition or discontinuing the housing use.

Can a landlord raise rent in the District of Columbia?

For most rental units in pre-1976 buildings, DC's Rental Housing Act of 1985 applies and limits annual rent increases. The general formula is CPI-W plus 2%, capped at 10%, with a lower CPI-W-only cap for elderly or disabled tenants; the 2025 general cap was 4.8%, and the figure is recertified annually, so confirm the current year's percentage with the Rent Administrator. Newly constructed units and buildings first permitted after December 31, 1975 are exempt. Accommodations of 4 or fewer rental units are exempt only where no more than 4 natural persons own the accommodation, none of them holds an interest in any other DC rental unit, and a claim of exemption is filed with the Rent Administrator. That small-building exemption has no owner-occupancy requirement, and there is no separate exemption for single-family homes.

Can I withhold rent for repairs in the District of Columbia?

Yes. DC tenants have access to repair-and-deduct: after proper written notice to the landlord and a reasonable time to make repairs, you may hire a contractor and deduct the reasonable cost from rent. Tenants may also pay rent into court escrow or file a complaint with DC's Housing Code Enforcement Division. Keep receipts and written documentation of all repair requests.

What is the late-fee cap in the District of Columbia?

DC caps late fees at 5% of the rent due. A landlord may charge one only if the written lease tells the tenant the maximum late fee that may be charged and the rent is still unpaid 5 days after it was due, or after any longer grace period the lease provides. A lease can lengthen that 5-day floor but cannot shorten it. DC law also bars charging interest on a late fee, deducting it from a later rent payment, imposing more than one late fee per late payment, and filing an eviction action because a late fee went unpaid.