District of Columbia Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What District of Columbia law says about the clauses that matter most in a residential lease. Data as of 2026-10-20.

Main statute: Rental Housing Act of 1985 (D.C. Code Title 42, Ch. 35) and D.C. Housing Regulations (14 DCMR Ch. 3) (D.C. Code § 42-3501.01 et seq.; 14 DCMR §§ 300-311)

Security deposits

Max: One full month's rent (the first full month's rent charged), and it may be charged only once. Must be held in an interest-bearing escrow account at a D.C. financial institution, and the lease or receipt must state the terms of the deposit.
Return deadline days: 45 days
Itemization required: Yes
Interest required: Yes: at no less than the statement savings rate of the bank holding the escrow account (reset each Jan 1 and Jul 1), payable at the end of tenancies of 12 months or more.

Source: 14 DCMR §§ 308.2-308.3, 309.1-309.2, 311.1-311.2; D.C. Code § 42-3502.17(c)

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Late fees

Rule: Capped at 5% of the rent due, and only if the written lease states the maximum late fee. It can be charged only after rent is more than 5 days late (or a longer grace period in the lease), only once per late payment, with no interest on it. A landlord may not evict for an unpaid late fee or deduct it from the next rent payment.

Source: D.C. Code § 42-3505.31

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Landlord entry

Notice: At least 48 hours' written notice (email or text allowed), only for a reasonable purpose such as repairs, inspection or showing the unit, and only between 9 a.m. and 5 p.m., not on Sundays or federal holidays, unless the tenant agrees otherwise. No notice needed in an emergency.

Source: D.C. Code § 42-3505.51

Ending a month-to-month tenancy

Tenant: 30 days' written notice, expiring on the first day of the first month at least 30 days after the notice. A lease may not require more than 30 days' notice to vacate unless it also requires the landlord to give at least that much notice of any rent increase.
Landlord: No notice-only termination: a tenant who keeps paying rent cannot be evicted even after the lease expires, except for a cause listed in § 42-3505.01 and after the written notice that section requires.

Source: D.C. Code §§ 42-3505.54, 42-3505.01(a)

Rent increases

Rule: For units under D.C. rent stabilization, no increase takes effect until the first rent day more than 60 calendar days after written notice.
Statewide rent control: Yes, rent stabilization covers many D.C. rental units (exemptions in § 42-3502.05): increases for occupied units are limited to the annual adjustment of general applicability (CPI-W) plus 2%, never more than 10%, and only once every 12 months.

Source: D.C. Code §§ 42-3509.04(b), 42-3502.06(b), 42-3502.08(h)

Repairs & habitability

Rule: Every lease includes an implied warranty that the owner will keep the premises in compliance with the D.C. housing code. A landlord may not charge fees for work needed to meet that duty. A lease for a unit that is unsafe or unsanitary at the start of the tenancy (violations the owner knew or should have known of) is void.

Source: 14 DCMR §§ 301.1, 301.3, 302.1

Retaliation

Rule: Landlord may not retaliate (eviction, rent increase, cut in services, refusal to renew, harassment) against a tenant who exercises legal rights. Retaliation is presumed if, within the prior 6 months, the tenant asked for code repairs, complained to D.C. officials, joined a tenant organization, or sued the landlord; the landlord must rebut by clear and convincing evidence.

Source: D.C. Code § 42-3505.02

Clauses often unenforceable in District of Columbia

Any lease term contrary to, or waiving, the housing-code tenant protections (14 DCMR § 304.1)
Exempting or limiting the landlord's liability for injury or damage caused by the landlord's negligence (14 DCMR § 304.3)
Waiving the tenant's right to a jury trial, requiring the tenant to pay the landlord's court costs or legal fees, or authorizing confession of judgment (14 DCMR § 304.4)
Charging fees or deposit deductions for professional cleaning or ordinary wear and tear (14 DCMR § 301.4; D.C. Code § 42-3502.17(c))
Late fees above 5% of rent or charged within the 5-day grace period (D.C. Code § 42-3505.31)
Requiring more than 30 days' notice to vacate unless the landlord must give the same notice of rent increases (D.C. Code § 42-3505.54(b))

Notes

Deposit return: within 45 days after the tenancy ends the landlord must either return the deposit with interest or notify the tenant in writing of an intent to withhold; the balance and an itemized statement of deductions are due within 30 days of that notice. Failing to do so is prima facie evidence the tenant is owed the full deposit; bad-faith withholding can cost the landlord treble damages (14 DCMR § 309). A promise to leave the unit 'in good repair' does not oblige the tenant to make substantial repairs or fix defects that are not the tenant's fault (D.C. Code § 42-3502.17(c)(2)). The landlord must give the tenant a copy of the signed lease within 7 days (14 DCMR § 303.1).

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.