A Washington D.C. lease agreement is a binding document between a landlord and a tenant for renting property, written in accordance with the state’s landlord-tenant laws. The landlord agrees to rent all (or a portion of) their rental unit to a tenant for a fee, and the tenant agrees to the terms and conditions established in the contract.
Rental Lease Laws Overview
- Rent Control: Yes.
- Limit on Late Fees: Yes.
- Late Fees in Rental Agreement: Yes.
- Grace Period: Yes.
- License Required for Landlord: Yes.
Landlords typically issue a rental application to evaluate a prospective tenant’s reliability.
By Type (6)
Standard Lease Agreement
Enables a landlord to rent their property to a tenant for a fixed term.
Month-to-Month Rental Agreement
Allows for short-term leasing with automatic monthly renewals.
Commercial Lease Agreement
Used for renting commercial spaces to businesses.
Room Rental Agreement
Determines the rules and responsibilities for tenants sharing a rental unit.
Sublease Agreement
Allows for a secondary leasing arrangement while maintaining the original tenant's connection with the landlord.
Rent-to-Own Lease Agreement
Offers tenants the unique opportunity to secure ownership of the property in the future.
Required Lease Disclosures
State law imposes certain requirements for landlords and tenants when executing a rental agreement. [1] [2] Before signing the lease, the landlord must disclose to the tenant the following information:
- Lead-Based Paint Disclosure. Lead-based hazards (for properties built before 1978).
- District of Columbia Tenant Bill of Rights. Given to the tenant before signing the lease agreement. [3]
- Voter Registration Packet from the Board of Elections with the latest voter registration form.
- Receipt. Tenants must receive receipts for any cash payment they make to their landlord. [4]
- RAD Form 3 must be filled out by the landlord with details on the condition and safety of the property.
- RAD Form 5 ensures that disclosure forms and documents for the rental unit are always accessible to the tenant.
Security Deposit
- Maximum Amount: Landlords cannot charge more than one month’s rent. [5]
- Receipts: Required unless paid with a personal check.
- Interest Payments: Upon tenancy termination, the accumulated interest from the account is due to the tenant. [6]
- Bank Account: An interest-bearing escrow account at a financial institution within the state. [7]
- Returning Requirements: Within 45 days of the end of the lease. [8]
- Withholding Rules: If the landlord decides to keep part of the deposit, they must provide an itemized list of how the money will be spent within 30 days of notifying the tenant. [9]
Rent Payments
- Laws: Rent is typically due on the first business day of the month.
- Rent Control: Annual rent increases are limited to the Consumer Price Index (CPI-W) percentage plus 2%, capped at 10%, with a lower cap of 5% for elderly or disabled tenants. Upon vacancy, landlords can raise the rent by up to 10% more than the previous rent or match comparable units’ rents, not exceeding a 30% increase, but only once per year, regardless of the number of vacancies. [10]
- Late Fees and Grace Period: Landlords can charge a maximum of 5% of the monthly rent as a late fee. [11] They cannot charge a late fee for rent payments made within a five-day grace period. If rent remains unpaid after this, the landlord can issue a 30-day notice to quit.
- Withholding Rent: State law does not explicitly permit tenants to withhold rent, but landlords cannot evict tenants for withholding rent due to housing code violations. [12]
Landlord Right of Entry
- Notice Requirements: A landlord must provide a tenant with 48 hours’ written notice to enter the property for work or inspection purposes. [13]
- Keys, Locks, and Security: Not specified.
Property Repairs
- Landlord Responsibilities: Landlords must keep plumbing, utilities, heating, seasonal air conditioning, hot water, garbage services, smoke alarms, CO detectors, windows, doors, locks, painting, roofs, chimneys, structural elements, provided kitchen appliances, and common areas in good condition. They must also address any habitability issues as per the housing code and make repairs if these fail through no fault of the tenant. [14]
- Tenant Repairs: Tenants must repair any damage they cause that affects health and safety. Landlords are responsible for most other repairs and cannot charge tenants fees for maintaining the property to habitable standards. [15]
- Abandonment: State law does not require tenants to notify their landlords in advance of an extended absence.
Terminating a Lease
- Month-to-Month Tenancy: A monthly tenancy can be terminated by a 30-day notice. [16]
- Unclaimed Property: Landlords must keep or store an evicted tenant’s personal property for at least seven days before disposing of it. [17]
Sample
You can download a free Washington D.C. lease agreement template in PDF and Word formats.
