Washington DC Standard Residential Lease Agreement

Introduction

A Washington D.C. residential lease agreement is a legally binding contract between a landlord (housing provider) and tenant that establishes the terms and conditions for renting residential property in the District of Columbia. The District has some of the strongest tenant protection laws in the United States, including rent control, just cause eviction requirements, and extensive disclosure obligations. This comprehensive guide details all requirements under D.C. law, including the Rental Housing Act of 1985 and subsequent amendments.

Legal Framework

Washington D.C. residential tenancies are governed primarily by:

Rental Housing Act of 1985 (D.C. Code Title 42, Chapter 35) - The primary statute governing landlord-tenant relations, rent stabilization, evictions, and tenant protections. ^[1]

D.C. Municipal Regulations Title 14 (Housing) - Detailed regulations implementing the Rental Housing Act, including security deposit requirements and housing code standards. ^[2]

D.C. Human Rights Act (D.C. Code Section 2-1402.21) - Prohibits housing discrimination based on 20+ protected classes, significantly exceeding federal Fair Housing Act protections. ^[3]

Tenant Opportunity to Purchase Act (TOPA) (D.C. Code Chapter 34) - Grants tenants the right of first refusal when a rental property is sold. ^[4]

Required Disclosures

D.C. law mandates extensive disclosures that housing providers must provide to tenants at the time of application and throughout the tenancy. Failure to provide required disclosures can result in prohibition of rent increases. ^[5]

District of Columbia Tenant Bill of Rights

Housing providers must provide a copy of the D.C. Tenant Bill of Rights, published by the Office of the Tenant Advocate (OTA), to all prospective tenants at the time they submit a rental application. This document summarizes tenant rights under D.C. law. ^[5]

Housing Provider Disclosures (rad Form 3)

At the time of application, housing providers must provide a disclosure form containing:

The applicable rent for the rental unit

Any pending tenant petitions or housing provider petitions that could affect rent

Any surcharges, including capital improvement surcharges and their expiration dates

The rent-controlled or exempt status of the housing accommodation

The housing provider's business license and registration

Housing code violations issued in the last 12 months or unabated violations

Security deposit amount, interest rate, and return procedures

• Whether the property is being converted to condominium or cooperative ^[5]

Notice of Access to Records (rad Form 5)

Housing providers must give written notice to each tenant that disclosure forms and documents are available for inspection, including the location where they can be viewed. Copies must be provided within 10 business days of written request (once per year at no charge). ^[5]

Voter Registration Form

The disclosure form must include a voter registration packet developed by the D.C. Board of Elections. This requirement promotes civic engagement among tenants. ^[5]

Indoor Mold Contamination Disclosure

Housing providers must disclose information about indoor mold contamination in the rental unit or common areas discovered within the previous 3 years, unless the mold has been remediated by a licensed and certified D.C. indoor mold remediation professional. ^[5]

Bedbug Disclosure

Under the Bedbug Control Act of 2022, if bedbugs were found on a property within the last 120 days, the housing provider must notify prospective tenants in writing before a lease agreement is signed. ^[6]

Lead-Based Paint Disclosure (federal Requirement)

For properties constructed before 1978, federal law requires housing providers to disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home." Tenants must sign an acknowledgment of receipt. ^[7]

Security Deposit Laws

Maximum Amount

Security deposits in D.C. may not exceed one month's rent and may only be charged once by the housing provider. This limit applies regardless of the number of occupants or pets. ^[8]

Interest-Bearing Escrow Account

All security deposits must be held in an interest-bearing escrow account at a financial institution in the District of Columbia insured by a federal or state agency. Interest accrues at the statement savings rate prevailing on January 1st and July 1st. For tenancies of 12 months or more, the accrued interest must be paid to the tenant upon termination. ^{[8] [9]}

Return Timeline

Within 45 days after the termination of tenancy, the housing provider must either:

Return the full security deposit plus accrued interest to the tenant without demand, OR

• Notify the tenant in writing (delivered personally or by certified mail) of the intent to withhold funds for legitimate deductions ^[10]

If deductions are made, the housing provider must return the remaining balance plus an itemized statement of deductions within 30 days of providing the initial notice. ^[10]

Rent Payment Laws

Grace Period

D.C. law provides a minimum 5-day grace period for rent payments. Housing providers may not charge a late fee until rent remains unpaid for more than 5 days after the due date (or a longer grace period if specified in the lease). ^[11]

Maximum Late Fee

Late fees are capped at 5% of the full monthly rent. The lease agreement must inform the tenant of the maximum late fee amount. ^[11]

Late Fee Restrictions

D.C. law imposes significant restrictions on late fees. Housing providers may NOT:

Charge interest on late fees

Deduct late fees from subsequent rent payments

Impose a late fee more than once per late payment

Evict a tenant solely for nonpayment of a late fee

• Impose a late fee on subsidized portions of rent (e.g., housing voucher payments) ^[11]

NSF (bounced Check) Fee

For dishonored checks, the housing provider may recover the face amount of the check plus additional damages of twice the check amount or $100, whichever is greater. However, this requires providing written demand to the tenant and allowing 30 days to cure before taking action. ^[12]

Rent Control and Stabilization

D.C. has one of the oldest and most comprehensive rent control programs in the United States, established under the Rental Housing Act of 1985. Most rental units built before 1975 are subject to rent stabilization.

Rent Increase Limits

For rent-controlled units, annual rent increases are limited to 2% above the Consumer Price Index (CPI-W), with a maximum cap of 10%. For elderly tenants (62+) and tenants with disabilities, the maximum increase is 5%. ^[13]

Registration Requirement

All rental units must be registered with the Rental Accommodations Division (RAD) of the Department of Housing and Community Development (DHCD). The registration fee is $43 per unit. ^[14]

Landlord Right of Entry

D.C. law provides strong protections for tenant privacy and limits housing provider access to rental units.

Notice Requirement

Housing providers must provide at least 48 hours written notice before entering a rental unit. Written notice may include email or text message, but if the tenant does not acknowledge receipt, a paper notice must be provided. ^[15]

Permitted Entry Times

Entry is only permitted during "reasonable times," defined as 9:00 AM to 5:00 PM, and not on Sundays or federal holidays (unless otherwise agreed by the tenant). ^[15]

Permitted Purposes

Entry is only allowed for reasonable purposes directly related to:

Protecting the property from damage

Inspecting the premises

Making necessary or agreed repairs, alterations, or improvements

Supplying necessary services and maintenance

Showing the unit to prospective tenants, purchasers, or contractors

• Work ordered by a governmental entity ^[15]

Tenant Remedies for Violations

If a housing provider enters in violation of these rules or makes repeated unreasonable demands for entry, the tenant may seek an injunction and damages for breach of the right to quiet enjoyment. ^[15]

Eviction Laws and Just Cause Requirements

Critical Protection: D.C. is a "just cause" eviction jurisdiction. No tenant may be evicted from a rental unit simply because their lease has expired, as long as the tenant continues to pay rent. Housing providers must have a legally valid reason to evict. ^[16]

Valid Grounds for Eviction

The following table summarizes valid eviction grounds and required notice periods:

^[16]

$600 Minimum Threshold for Nonpayment Eviction

Housing providers cannot file for eviction based on nonpayment of rent unless the tenant owes at least $600. The 30-day notice must include the specific amount owed, a ledger of charges and payments, and information about the tenant's right to remain if the balance is paid in full. ^[16]

Weather-Related Eviction Prohibition

Unique D.C. Protection: No housing provider may evict a tenant:

• On any day when the National Weather Service predicts at 8:00 AM that the temperature at Reagan National Airport will fall below 32 degrees Fahrenheit
• When precipitation is falling at the location of the rental unit ^[16]

Tenant Right to Reoccupy After Renovation

Tenants displaced for renovations have an absolute right to reoccupy the rental unit upon completion. If the renovation was necessary to bring the unit into housing code compliance, the tenant may return at the same rent (unless the violations were caused by the tenant). Displaced tenants are entitled to relocation assistance. ^[16]

Fair Housing Protections

D.C. has the strongest fair housing protections in the United States, extending far beyond federal requirements. The D.C. Human Rights Act prohibits housing discrimination based on 20+ protected classes.

Protected Classes in D.c.

Federal Protected Classes: Race, color, religion, national origin, sex, familial status, disability

Additional D.C. Protected Classes: Age, marital status, personal appearance, sexual orientation, gender identity or expression, political affiliation, matriculation, family responsibilities, genetic information, source of income (including housing vouchers), sealed eviction record (added 2022), homeless status (added 2022) ^[3]

Source of Income Protection

It is illegal to refuse to rent to someone because they receive housing assistance, such as Housing Choice Vouchers (Section 8), or because their income comes from public benefits. This protection ensures equal access to housing regardless of how a tenant's rent will be paid. ^[3]

Tenant Opportunity to Purchase Act (Topa)

Under TOPA, when a housing provider decides to sell a multi-family rental property, tenants have the right of first refusal to purchase the building. This landmark law has created or preserved over 16,000 units of affordable housing over 40 years. ^[4]

2024 Update: The RENTAL Act provides a 15-year TOPA exemption for newly constructed buildings, down from the originally proposed 25-year exemption.

Housing Provider Licensing Requirements

Before renting property in D.C., housing providers must obtain proper licensing and registration:

Basic Business License (BBL): Required from the Department of Consumer and Regulatory Affairs (DCRA). Type depends on property: One Family Rental License (single-family/condo), Two Family Rental License (duplex/basement apartment), or Apartment License (3+ units). ^[14]

RAD Registration: All rental units must be registered with the Rental Accommodations Division. Fee is $43 per unit.

Housing Inspection: Required within 45 days of obtaining the BBL.

Sublease and Assignment

D.C. law does not grant tenants an automatic right to sublease. Subletting requires explicit written consent from the housing provider unless the lease specifically permits it.

Key Sublease Rules:

Housing provider may require subtenants to meet the same rental qualifications as original tenants

Subtenants have the same rights and protections as original tenants

Original tenant remains liable under the original lease

Rent-controlled units: Tenant may NOT charge subtenant more than they pay the housing provider

Unauthorized subletting is a lease violation subject to 30-day notice to cure or vacate

Housing Conditions and Tenant Remedies

Housing providers must maintain rental units and common areas in compliance with the D.C. Housing Code. This includes the implied warranty of habitability, ensuring units are safe and sanitary.

Tenant Remedies for Housing Code Violations

File Housing Inspection Complaint: Call 311 or contact the Department of Buildings (DOB) Housing Inspections Division at (202) 671-3500 to request a free inspection.

Housing Conditions Court: Tenants can file suit in the expedited Housing Conditions Court (part of D.C. Superior Court) seeking court-ordered repairs. ^[17]

Rent Withholding/Escrow: Tenants may withhold rent for serious violations, but must follow strict procedures including placing rent in court escrow. Warning: Only a judge can determine if rent withholding was justified. Consult legal counsel before withholding rent.

RAD Tenant Petition: For less severe violations, tenants can file a petition with the Rental Accommodations Division.

Office of the Tenant Advocate (OTA): Provides free assistance and advocacy for tenant repair rights. ^[18]

Domestic Violence Protections

D.C. law provides special protections for tenants who are victims of domestic violence (intrafamily offenses):

Being a victim of domestic violence is a defense to eviction if the abuse is the basis for the eviction action

If the tenant has a protection order requiring the abuser to vacate, the court cannot enter judgment for possession against the tenant

• These protections extend to parents/guardians of minor victims ^[16]

Emergency Rental Assistance Program (Erap) Protections

D.C. has enacted protections related to emergency rental assistance programs:

Courts may stay eviction proceedings if tenant has a pending ERAP application

If ERAP is approved to cover the full amount owed, the housing provider must cancel a scheduled eviction upon 48-hour notice from tenant

• Housing providers who delay providing payment information to ERAP for more than 45 days may have rent amounts waived ^[16]

Key Government Resources

Office of the Tenant Advocate (OTA): (202) 719-6560 - Free assistance for tenants ^[18]

Rental Accommodations Division (RAD): 1800 Martin Luther King Jr. Ave., SE, Second Floor ^[14]

Landlord Tenant Legal Assistance Network: (202) 780-2575

D.C. Office of Human Rights (OHR): Fair housing complaints ^[3]

Department of Buildings (DOB): Housing inspections - Call 311 ^[17]