What clauses are legally required in every DC lease agreement?
A District of Columbia lease is governed by the Rental Housing Act of 1985 (D.C. Code Title 42, Chapter 35) and the D.C. Human Rights Act. Every DC lease should identify the housing provider (landlord) and authorized agent, all adult tenants, the premises, the rent and its due date, and the term.
Two DC-specific points shape the entire lease. First, a landlord must hold a Basic Business License with a housing endorsement to rent legally, and the license and rent-control registration information belongs in the lease packet. Second, DC requires a substantial disclosure package delivered at the time of application — at or before signing — under D.C. Code § 42-3502.22 (covered in detail below).
Washington, D.C. security deposit rules — one month, 45-day return, with interest
D.C. Code § 42-3502.17 governs deposits:
- Cap: no more than one month's rent.
- Return: within 45 days of the end of the tenancy; if the landlord withholds any part of it, an itemized statement of the deductions must follow within a further 30 days.
- Interest: required. The deposit must be held so it earns interest at the prevailing statement-savings rate, and that interest is paid to the tenant.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees, rent increases, and DC rent control
DC caps residential late fees at 5 percent of the monthly rent, and a late fee may be charged only after a 5-day grace period (§ 42-3505.31).
Rent increases require 30 days' written notice (§ 42-3509.04). Just as important, most older buildings are subject to rent stabilization — the District's rent-control program. Buildings built before 1976 with five or more units are generally covered unless they are specifically exempt and registered. For a covered unit, the annual increase is limited to CPI plus 2 percent, capped at 10 percent; for an elderly or disabled tenant, it is limited to CPI only, capped at 5 percent (§ 42-3502.08). A landlord whose unit is exempt from rent stabilization must give the prospective tenant a separate written notice, before the lease is signed, stating that the rent is not regulated (§ 42-3502.05(d)). Our rent increase calculator flags DC increases for a rent-stabilization check.
Just cause, notice periods, and landlord entry in DC
The District is a just-cause jurisdiction. A landlord cannot end or decline to renew a tenancy at will; removal is permitted only on one of the enumerated statutory grounds — nonpayment, a lease violation, the owner's personal use, sale for a buyer's personal use, substantial rehabilitation, and a handful of others (§ 42-3505.01). There is no no-fault termination.
| Situation | Notice | Statute |
|---|---|---|
| Nonpayment of rent | 30-day notice to cure or vacate | § 42-3505.01 |
| No-fault / end of term | Not permitted — just cause required | § 42-3505.01 |
| Landlord entry | 48 hours' written notice | § 42-3505.51 |
| Rent increase | 30 days' written notice | § 42-3509.04 |
For entry, the landlord must give 48 hours' written notice (electronic notice is allowed if the tenant acknowledges it), enter only between 9 a.m. and 5 p.m., and not on Sundays or federal holidays, for a reasonable purpose; emergencies are excepted (§ 42-3505.51). Self-help eviction — changing the locks, shutting off utilities, or removing a tenant's belongings — is illegal.
The DC disclosure package landlords must give at application
The District's signature requirement is the disclosure package a housing provider must give a prospective tenant at the time of application — before the tenant is bound — under D.C. Code § 42-3502.22:
- DC Tenant Bill of Rights — the summary published by the Office of the Tenant Advocate (§ 42-3502.22(b)(1)(L); § 42-3531.07).
- Rent-control status — whether the unit is rent-stabilized or exempt, with a copy of the RAD Registration Statement or Claim of Exemption (§ 42-3502.22(b)(1)(E)); for exempt units, the separate pre-signing notice noted above (§ 42-3502.05(d)).
- Housing-code violation reports — copies of any Department of Buildings violation reports from the last 12 months, plus any older unabated ones (§ 42-3502.22(b)(1)(F)).
- Mold — any known (or should-be-known) mold contamination in the prior three years, unless it was remediated by a licensed professional (§ 42-3502.22(b)(1)(K); § 8-241.01(5)).
- Lead-based paint — for pre-1978 housing, the DOEE DC lead disclosure form before the tenant is obligated, plus the federal EPA pamphlet (§ 8-231.04; 42 U.S.C. § 4852d).
The package also covers the applicable rent, any pending petitions, the security-deposit terms, and ownership information. For a statute-by-statute checklist, see our DC required lease disclosures guide.
Prohibited lease clauses in DC — and what happens if a lease is non-compliant
Some clauses are void in a DC lease no matter how they are worded:
- Source-of-income / voucher discrimination. Source of income is a protected trait under the D.C. Human Rights Act, so a lease cannot refuse or penalize a housing voucher or subsidy, or impose different fees, deposits, or rent on a voucher holder (§ 2-1402.21).
- Waivers of tenant rights. A provision waiving a right under the Rental Housing Act (14 DCMR § 304) or the implied warranty of habitability (14 DCMR § 301) is void and unenforceable.
- Confession of judgment, jury-trial waivers, and landlord exculpatory clauses have no place in a DC residential lease.
The consequences have teeth: a landlord who willfully fails to make the § 42-3502.22 disclosures — and does not cure within 10 business days of written notice — may be barred from raising the rent. Managing rentals across the DMV? Compare the District's rules with our Maryland and Virginia lease-requirement guides.
Full DC disclosure checklist
For a dedicated, statute-by-statute rundown of every disclosure a District of Columbia landlord must give at signing, see our Washington, D.C. required lease disclosures checklist.
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Create your D.C. lease agreement →Frequently asked questions
Is there a security deposit limit in Washington, D.C.?
Yes. A DC security deposit is capped at one month's rent and must be returned within 45 days of the end of the tenancy, with interest at the prevailing statement-savings rate; any withholding needs an itemized statement within a further 30 days (D.C. Code § 42-3502.17).
Can a DC landlord raise the rent freely?
Only for units that are exempt from rent stabilization. Most buildings built before 1976 with five or more units are covered, and a covered increase is limited to CPI plus 2 percent (capped at 10 percent; CPI only, capped at 5 percent, for elderly or disabled tenants). Any increase needs 30 days' written notice (D.C. Code §§ 42-3502.08, 42-3509.04).
Can a DC landlord evict a tenant without cause?
No. The District requires just cause: a landlord may end or decline to renew a tenancy only on one of the enumerated statutory grounds. There is no no-fault termination (D.C. Code § 42-3505.01).
How much notice must a DC landlord give before entering?
48 hours' written notice (electronic notice is allowed if the tenant acknowledges it), with entry only between 9 a.m. and 5 p.m. and not on Sundays or federal holidays, for a reasonable purpose. Emergencies are excepted (D.C. Code § 42-3505.51).
What must a Washington, D.C. landlord disclose in a lease?
At the time of application, DC landlords must provide a disclosure package under D.C. Code § 42-3502.22: the DC Tenant Bill of Rights, the unit's rent-control status with the RAD registration or claim of exemption, housing-code violation reports, and a mold disclosure — plus the DC and federal lead-paint disclosures for pre-1978 housing.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.
- D.C. Code Title 42, Chapter 35 — Rental Housing Act of 1985
- D.C. Code § 42-3502.22 — required tenant disclosures
- D.C. Code § 2-1402.21 — Human Rights Act (source-of-income protection)
- D.C. Office of the Tenant Advocate — Tenant Bill of Rights
- Federal lead-based paint disclosure rule (Section 1018 of Title X; 42 U.S.C. § 4852d) — US EPA