Washington DC Landlord-Tenant Law: What Owners Must Know

Washington DC landlord-tenant law is not one statute. It is mostly the Rental Housing Act of 1985, codified in Chapter 35 of Title 42 of the DC Code, plus the security deposit rules in the DC Housing Regulations at 14 DCMR 308 through 311 and a licensing requirement run by the Department of Licensing and Consumer Protection. Which piece you need depends on whether your problem is permission to rent, money, access or possession.

This guide is the map. If you own a rowhouse on Capitol Hill, a condo in Navy Yard or NoMa, a semi-detached house in Brookland, Petworth or Takoma, or a single-family home in Chevy Chase DC or Palisades, it tells you which section governs each situation you will actually face, quotes the language that matters, and points to the deeper posts where one topic deserves its own page.

Last reviewed: October 2026. This is general information for property owners, not legal advice. The DC Council amends Title 42 often, and the RENTAL Act (D.C. Law 26-80) rewrote several eviction and TOPA provisions effective December 31, 2025. Confirm current text with a DC-licensed attorney before you rely on any figure here for a live dispute.

What is Washington DC landlord-tenant law?

Washington DC landlord-tenant law is the body of District statute and regulation that sets the floor under every residential lease in DC, and its core is the Rental Housing Act of 1985 in DC Code Title 42, Chapter 35. A housing provider is the DC Code term for a landlord, and you will see it in every section quoted below. Nothing in your lease can go below the floor the Act sets.

Three things make DC different from its neighbors. First, it is a single jurisdiction, so there is no county layer: the rules in Bethesda depend on Montgomery County, but the rules in Brookland and Anacostia are the same District rules. Second, DC requires a business license to rent out even one condo. Third, DC is the most tenant-protective jurisdiction in the DMV. Section 42-3505.01(a) opens with the rule that no tenant shall be evicted from a rental unit so long as the tenant continues to pay the rent, except on the grounds the statute lists. There is no general right to end a tenancy simply because the lease term ran out.

That last point is the one owners from Virginia and Texas most often miss. In DC, the end of a lease term does not end the tenancy. Plan the life of the investment around that fact.

The map: DC Code Title 42 and 14 DCMR

Here is the working set in one table. Every section is in the DC Code unless it says DCMR.

Section	What it governs	The number that matters
42-3502.05	Rent control exemptions	Exemptions include post-1975 building permits and owners of 4 or fewer units who are natural persons; a claim of exemption must be filed
42-3502.17	Security deposits	Written notice of claimed unpaid amounts within 45 days; tenant gets 30 calendar days to dispute; no deduction for ordinary wear and tear
14 DCMR 308-311	Security deposit regulations	Amount limit, escrow account and interest rules
42-3502.22	Disclosures to applicants	Delivered at the time of application, including the Tenant Bill of Rights
42-3505.01	Evictions	10 days notice before a nonpayment filing; no filing under $600; 30 days to cure a lease violation; 90 days notice for owner occupancy or sale
42-3505.02	Retaliation	Presumption if the action follows a protected tenant act within 6 months
42-3505.31	Late fees	Maximum 5% of rent due, only after 5 days, once per late payment
42-3505.51	Landlord entry	48 hours written notice; 9 a.m. to 5 p.m.; not Sundays or federal holidays

Read the table top to bottom and the shape of DC law is clear. The first four rows decide whether you are allowed to be a landlord at all and on what terms. The last four govern the living relationship and its end. A missing license or a skipped disclosure does not only create its own exposure. It becomes a defense in the case you eventually need to bring.

Which section governs your problem?

Start with what you are trying to do, not with what the tenant did. In DC more than anywhere else in the region, the fix is almost always upstream of the courthouse.

Your situation	Governing rule	First move
You are about to list a DC house or condo for rent	DLCP Basic Business License; DHCD registration	License the unit before you sign a lease
An applicant just submitted an application	42-3502.22	Hand over the disclosure form and the Tenant Bill of Rights at that moment
You want to raise the rent	42-3502.05 and the rent control chapter	Confirm whether the unit is exempt and whether a claim of exemption is on file
Tenant has not paid rent	42-3505.01(a-1)	Check the balance is at least $600, then serve the pre-filing notice at least 10 days before filing
Tenant is breaking a lease term other than rent	42-3505.01(b)	Written notice and a 30-day window to correct the violation
You need inside the home	42-3505.51	Written notice 48 hours out, for a stated reasonable purpose, on a weekday or Saturday between 9 and 5
Tenant moved out and you are settling the deposit	42-3502.17; 14 DCMR 308-311	Calendar day 45 the day the tenancy ends
You want to sell the property or move back in	42-3505.01(d) and (e); TOPA	90-day notice to vacate, and a TOPA review before you sign a listing agreement

Do you need a license to rent out a house in DC?

Yes. DC requires a Basic Business License to rent out residential property, including a single-family home or a single condo unit. The Department of Licensing and Consumer Protection (DLCP) defines its One-Family Rental category to include the rental of single-family homes, townhouses, duplexes, individual condominium units, or individual rooms.

Three steps sit inside that requirement, per DLCP:

• A pre-licensing inspection. DLCP lists a Basic Business License inspection requirement for rental housing.
• The license fee. DLCP lists the One-Family Rental license at $159.00 for two years or $318.00 for four years. Applications are filed online through the BOSS portal.
• Registration with DHCD. After DLCP issues the license, the owner registers the unit with the Department of Housing and Community Development. That registration is where rent-control status and any exemption claim live.

Do this before the first lease, not after. Section 42-3502.22 requires you to disclose your business license to the applicant, so an unlicensed unit announces itself on the very first form you hand over.

What you must hand an applicant

DC Code Section 42-3502.22(b)(1) requires a housing provider to make a set of disclosures at the time a prospective tenant files an application, not at lease signing. The disclosure goes on a form published by the Rent Administrator.

The list is long. It includes the applicable rent and any pending petitions or surcharges, whether the unit is rent-controlled or exempt, the business license and registration documents, housing code violations from the last 12 months, application fees, the security deposit amount and interest rate, condominium or cooperative conversion status, ownership information from the registration forms, any history of indoor mold contamination that has not been remediated, and, under subsection (b)(1)(L), the Tenant Bill of Rights.

Owners who rent one or two units get this wrong more than anything else on this page, because the timing is backwards from how leasing usually works. The packet goes out with the application, before you have even decided on the applicant. Build it once per unit, update it when anything on the list changes, and send it every time.

Is your DC rental under rent control?

Rent control in DC applies by default, and exemption has to be claimed. DC Code Section 42-3502.05(a) lists the main exemptions:

• Subsidized housing. Subsection (a)(1) exempts units in federally or District-owned housing and units whose mortgage or rent is federally or District subsidized.
• Newer construction. Subsection (a)(2) exempts units in housing for which the building permit was issued after December 31, 1975, and newly created units added to an existing structure and covered by a certificate of occupancy for housing use issued after January 1, 1980.
• Small owners. Subsection (a)(3) exempts units in a housing accommodation of 4 or fewer rental units owned by not more than 4 natural persons, none of whom has an interest, directly or indirectly, in any other rental unit in the District. Owning through an LLC, or owning a fifth unit elsewhere in DC, can take you out of this exemption.
• Long-vacant buildings. Subsection (a)(4) exempts housing continuously vacant and not under a rental agreement since January 1, 1985.

The statute requires the housing provider to file a claim of exemption statement, which is an oath or affirmation of the valid claim to the exemption. An owner who qualifies on paper but never filed is exposed the first time a tenant challenges an increase. The current-year cap for regulated units, and how the RENTAL Act changed the picture, are in our post on new DC rental laws in 2026.

Security deposits and the 45-day clock

DC splits its deposit law in two: the return procedure is in DC Code Section 42-3502.17, and the amount, escrow and interest rules are in the Housing Regulations at 14 DCMR 308 through 311. Section 42-3502.17 itself says security deposits shall be collected pursuant to the Security Deposit Act, D.C. Law 1-48, at 14 DCMR 308 and following.

The return procedure in Section 42-3502.17 runs like this:

1. Within 45 days after the tenancy ends, the housing provider notifies the tenant in writing of any amounts the provider claims are unpaid.
2. The tenant has 30 calendar days after that notice is served to dispute the amounts.
3. The housing provider must deliver a written response within 10 days after receiving the dispute.

The same section says no housing provider shall withhold a security deposit for the replacement value of apartment items that are damaged due to ordinary wear and tear. Worn carpet in a five-year tenancy is not a deduction.

For the amount and the interest, read the regulation itself. DC housing guidance generally describes the cap as one month of rent and requires that deposits be held in an interest-bearing escrow account at a DC financial institution, with interest owed on longer tenancies. We could not render the full regulation text live while preparing this guide, so treat those as points to confirm against the current 14 DCMR 308 through 311 before you set a deposit, not as figures to rely on.

How much can a DC landlord charge in late fees?

Five percent of the rent due, once, and only after five days. DC Code Section 42-3505.31(a) caps the late fee at no more than 5% of the full amount of rent due. Subsection (b)(2) makes the fee available only if the tenant has not paid the full amount of rent within 5 days, or any longer grace period the lease provides.

Subsection (c) then forbids two things owners try anyway. A housing provider may not impose a late fee more than one time on each late payment, and may not evict a tenant on the basis of the nonpayment of a late fee. A DC owner who reads the late fee rule as a monthly penalty is wrong, and a lease that stacks a daily fee on top of the 5% is asking for trouble.

Rule	Washington DC (42-3505.31)
Maximum fee	5% of the full amount of rent due
Earliest it can apply	After 5 days, or the lease grace period if longer
How often	Once per late payment
Grounds for eviction?	No

Can a DC landlord enter without notice?

Only in an emergency. Otherwise DC Code Section 42-3505.51 requires a reasonable purpose, a reasonable time and reasonable notice, and it defines all three.

• Reasonable notice, subsection (a)(1): written notice provided to the tenant at least 48 hours before the time the housing provider wishes to enter, or a shorter period the tenant agrees to in writing. Written notice may include email and mobile text messaging.
• Reasonable purpose, subsection (a)(2): keeping the property safe from damage, inspecting, making necessary or agreed repairs, supplying services and maintenance, showing the unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors, or work ordered by a government entity.
• Reasonable time, subsection (a)(3): between 9 a.m. and 5 p.m., and not on a Sunday or federal holiday, unless the tenant agrees to another time.

The emergency exception in subsection (b)(1) covers protection or preservation of the premises and the protection and safety of the tenants or other persons. Under subsection (b)(2), a court may enjoin a housing provider who enters in violation of the section, or who repeatedly makes unreasonable demands for entry, and may assess damages for breach of the right to quiet enjoyment. Note that DC requires twice the notice Maryland does, and an evening showing for a working tenant needs the tenant to agree in writing.

The six-month retaliation presumption

If you take an adverse action within six months after a tenant exercises a protected right, DC law presumes it was retaliation, and the burden is on you. DC Code Section 42-3505.02 creates the presumption when the housing provider's action comes within the 6 months preceding it, the tenant did one of the listed things.

Subsection (b) lists them. The tenant made a witnessed oral or written request for repairs needed to comply with the housing regulations; contacted DC officials about housing code violations; legally withheld rent after reasonable notice; organized or joined a tenant organization; made an effort to secure or enforce rights under the lease; or brought legal action against the housing provider.

The practical lesson: a renewal increase, a non-renewal notice or a sudden enforcement push sent the month after a repair complaint will be read in the worst light. Keep a dated repair log and close every request in writing. The best defense to a retaliation claim is a record showing the repair was fixed and the later action had its own reason.

How does a DC tenancy end?

A DC tenancy ends on one of the grounds listed in Section 42-3505.01, not on the lease end date. The grounds owners of one to four units meet most often:

Ground	Section	Notice
Nonpayment of rent	42-3505.01(a-1)	At least 10 days before filing; no filing if the amount owed is under $600
Lease violation other than rent	42-3505.01(b)	30 days to correct the violation
Owner moving in for personal use	42-3505.01(d)	90-day notice to vacate
Sale to a buyer who will occupy	42-3505.01(e)	90-day notice to vacate

Two more rules matter. Section 42-3505.01(k) bars a housing provider from evicting a tenant when the temperature is below 32 degrees or above 95 degrees Fahrenheit, or during precipitation, with exceptions in subsection (k-1) for certain dangerous-crime and abandonment cases. And a sale of a DC rental can trigger the Tenant Opportunity to Purchase Act. Before you list, read our TOPA landlord survival guide.

A note on consistency. The RENTAL Act cut the nonpayment notice to 10 days. Some older pages on this site, including our three-jurisdiction comparison, still describe the earlier 30-day notice. We are correcting them. If you are about to serve a notice, have a DC attorney confirm the current form.

Where DC landlord-tenant cases are heard

DC landlord-tenant court is the Superior Court of the District of Columbia. That is where possession cases are filed and decided. Rent-control matters, such as petitions over rent levels and exemption disputes, run on a separate administrative track through the Rent Administrator and the Rental Housing Commission.

Knowing the two tracks saves money. A rent-level dispute is not an eviction case, and an eviction case is not the place to litigate a rent-control exemption you never filed. If both are live at once, the paperwork from the administrative side usually decides the court side, which is one more reason the license, registration and exemption claim come first. If you own in more than one DMV jurisdiction, our DC vs Maryland vs Virginia landlord laws guide lines the systems up side by side.

The five mistakes that cost DC owners the most

1. Renting before licensing. The disclosure form asks for the business license. Without it, every lease you sign starts compromised.
2. Assuming the small-owner exemption. It needs 4 or fewer units, natural-person owners with no other DC rental interest, and a filed claim of exemption. An LLC title or an unfiled claim undoes it.
3. Disclosing at lease signing instead of at application. Section 42-3502.22 sets the moment as the application.
4. Treating the late fee as a monthly penalty. Five percent, once per late payment, never a ground for eviction.
5. Treating lease expiration as the end of the tenancy. In DC it is not. Price, plan and underwrite around Section 42-3505.01.

Where a manager fits in

Very little of this is hard to read. Almost all of it is easy to miss on a busy week. DC writes its landlord-tenant law as a sequence of preconditions: licensed before leasing, disclosed before approval, exempt only if claimed, noticed before entering. The owners who get hurt are rarely the ones who misread a statute. They are the ones who skipped a step that seemed like paperwork.

Every DC property we manage runs the same checklist: license and DHCD registration confirmed before listing, a disclosure packet sent with every application, entry notices written 48 hours out for a stated purpose, a late fee capped at 5% and charged once, and deposit notices calendared from the day the tenancy ends. We charge a flat monthly fee, because your management cost should not rise just because rent did. Sending a compliant disclosure packet on a $4,200 Capitol Hill rowhouse costs us the same as on a $2,100 condo in Fort Totten. Our Washington DC property management page explains how the service is structured, and our DC property management cost guide lays out what owners typically pay.

If you want to know what your DC home should rent for before you license it and list it, start with a free rental analysis. It is a real number for your address, not a citywide average.

Frequently asked questions

What is Washington DC landlord-tenant law?

Washington DC landlord-tenant law is not a single statute. Most of it sits in Chapter 35 of Title 42 of the DC Code, the Rental Housing Act of 1985, which covers rent control and its exemptions, required disclosures to applicants, evictions, retaliation, late fees and landlord entry. The security deposit mechanics live in the DC Housing Regulations at 14 DCMR 308 through 311, which DC Code Section 42-3502.17 incorporates by reference. Licensing runs through DLCP, which requires a Basic Business License before you rent out even a single-family home or condo.

Can a landlord in DC enter without notice?

Only in an emergency. Section 42-3505.51 requires a reasonable purpose, a reasonable time and reasonable notice. Reasonable notice means written notice at least 48 hours before the entry, or a shorter period the tenant agrees to in writing, and it may be sent by email or text. Reasonable time means between 9 a.m. and 5 p.m., not on a Sunday or federal holiday, unless the tenant agrees otherwise. A court can enjoin a landlord who violates the section and assess damages for breach of quiet enjoyment.

How much can a DC landlord charge as a late fee?

No more than 5 percent of the full amount of rent due. Section 42-3505.31 allows the fee only if the tenant has not paid within 5 days, or a longer grace period the lease provides. Subsection (c) bars charging a late fee more than one time on each late payment and bars evicting a tenant for an unpaid late fee.

Is my DC rental house exempt from rent control?

Possibly, but exemption is not automatic. Section 42-3502.05(a) exempts, among others, subsidized units, units in buildings whose building permit was issued after December 31, 1975, and units in a housing accommodation of 4 or fewer rental units owned by not more than 4 natural persons with no interest in any other DC rental unit. The housing provider has to file a sworn or affirmed claim of exemption statement to rely on it.

How long does a DC landlord have to return a security deposit?

Section 42-3502.17 requires written notice to the tenant within 45 days after the tenancy ends of any amounts the provider claims are unpaid. The tenant then has 30 calendar days to dispute, and the housing provider must respond in writing within 10 days of receiving the dispute. No deduction is allowed for ordinary wear and tear. The deposit cap, escrow and interest rules are in 14 DCMR 308 through 311.

How much notice does a DC landlord need to give before filing for nonpayment?

Section 42-3505.01(a-1), as amended by the RENTAL Act, requires at least 10 days of notice before filing for nonpayment, and bars filing at all when the amount owed is less than $600. Some of our older pages describe a 30-day notice, which was the rule before the RENTAL Act. Have DC counsel confirm the current notice form before you serve one.

Where are landlord-tenant cases heard in Washington DC?

Possession cases are filed in the Superior Court of the District of Columbia. Rent-control petitions and rent administrator matters run on a separate administrative track. Section 42-3505.01(k) separately bars carrying out an eviction when the temperature is below 32 degrees or above 95 degrees Fahrenheit, or during precipitation.

Sources and last reviewed

• DC Code Section 42-3505.01 — Evictions (10-day nonpayment notice, $600 threshold, 30-day cure, 90-day notice for owner use or sale, weather rule)
• DC Code Section 42-3505.02 — Retaliatory action (6-month presumption, protected tenant actions)
• DC Code Section 42-3505.31 — Late fees (5% cap, 5-day grace, once per late payment, not a ground for eviction)
• DC Code Section 42-3505.51 — Housing provider entry (48 hours written notice, reasonable purpose and time, emergency exception, remedies)
• DC Code Section 42-3502.05 — Rent control coverage and exemptions; claim of exemption
• DC Code Section 42-3502.17 — Security deposits (45-day notice, 30-day dispute window, wear and tear, 14 DCMR 308 et seq.)
• DC Code Section 42-3502.22 — Disclosures to applicants and tenants, including the Tenant Bill of Rights
• DC Department of Licensing and Consumer Protection — Housing Business license (One-Family Rental category, inspection, DHCD registration, fees)

All DC Code and DLCP text above was fetched and verified on October 7, 2026. The 14 DCMR deposit amount, escrow and interest points are described from DC guidance and should be confirmed against the current regulation. Laws change; confirm current text with a DC-licensed attorney before relying on it.