Washington DC Tenant Rights: Just-Cause Evictions and 5% Late Fees

By Steve Levine · Updated November 3, 2026

Short answer: Washington DC tenant rights rest on the Rental Housing Act of 1985, codified in D.C. Code chapter 42-35, which lets a landlord evict only for reasons the statute lists and never just because a lease expired. The District also caps late fees at 5% under § 42-3505.31, requires 48 hours’ written notice before entry, and presumes retaliation for six months after you ask for repairs.

The District’s Office of the Tenant Advocate publishes a Tenant Bill of Rights (revised September 25, 2026) that landlords must hand to applicants, and it says most of these rights apply to every tenant, with rent control and purchase rights as the main exceptions. This guide walks through the District-wide rules; for neighborhood-level detail on rent control and the tenant purchase law, see our Washington DC city guide, and compare jurisdictions at the tenant rights by state hub.

Washington DC Tenant Rights: Quick Reference

Rule	District of Columbia	Statute
Deposit cap	First full month’s rent, held in an interest-bearing escrow account	14 DCMR § 308
Entry notice	48 hours’ written notice, 9 a.m. to 5 p.m., not Sundays or federal holidays, unless you agree otherwise	§ 42-3505.51
Late fees	Up to 5% of rent, only after 5 days, once per late payment	§ 42-3505.31
Rent increase notice	At least 60 days’ written notice for any tenant	Tenant Bill of Rights § 6
Nonpayment notice	10 days’ notice before filing; no filing if under $600 owed	§ 42-3505.01(a-1)
Lease violation	30 days to correct	§ 42-3505.01(b)
Retaliation	Presumed for 6 months after protected activity	§ 42-3505.02(b)
Weather ban	No evictions below 32°F, above 95°F, or in precipitation	§ 42-3505.01(k)

The Laws That Govern DC Rentals

Three bodies of law work together. The Rental Housing Act (D.C. Law 6-10) in chapter 42-35 covers rent control, evictions, retaliation, late fees, entry and deposits. The Housing Regulations in Title 14 of the D.C. Municipal Regulations set building standards and the deposit rules in 14 DCMR §§ 308-311. The D.C. Human Rights Act, starting at D.C. Code § 2-1401.01, covers discrimination.

Rent control does not reach every unit. The Department of Housing and Community Development’s rent control fact sheet lists exemptions such as buildings built after 1975, subsidized units, and units owned by a natural person who owns no more than four. The Tenant Bill of Rights adds that a unit not properly registered as exempt is treated as rent controlled. Eviction protections, by contrast, apply broadly.

Security Deposits in Brief

A landlord may collect no more than the first full month’s rent as a deposit, one time, and must hold it in an interest-bearing escrow account at a financial institution in the District, under 14 DCMR § 308. Within 45 days after you move out, 14 DCMR § 309 requires the landlord either to return the deposit with interest or to give written notice of intent to withhold. The balance and an itemized statement follow within 30 days after that notice.

Interest is owed on tenancies of 12 months or more, according to the Tenant Bill of Rights. If the landlord misses these steps, 14 DCMR § 309.3 makes that prima facie evidence that you are entitled to the full deposit plus interest. A landlord who wrongly keeps a deposit owes the amount withheld, or three times that amount if the refusal was in bad faith, under 14 DCMR § 309.5. Read the full timeline in our Washington DC security deposit law guide.

Habitability and Getting Repairs Made

Every DC lease carries an implied warranty of habitability, the Tenant Bill of Rights explains, citing 14 DCMR § 301 and the Housing Regulations. Common areas are mainly the landlord’s job, while upkeep inside the unit is shared. The landlord must keep the building free of rodents and pests, the structure and facilities in good repair, and heat, lighting and ventilation adequate.

You have several tools when repairs stall:

Inspection. You may request a Department of Buildings inspection and get a copy of any notice of violation.
Mold. After written notice of mold, the landlord must inspect within 7 days and remediate within 30 days under D.C. Code § 8-241.04, as summarized in the Tenant Bill of Rights.
Housing Conditions Court. The D.C. Superior Court runs a calendar where a tenant can ask a judge to order repairs of housing code violations.
Rent reduction. Under § 42-3502.11, the Rent Administrator may lower the rent in proportion to a substantial decrease in services or facilities.
Counterclaim. If you are sued for nonpayment, the court explains that you may file an answer and counterclaim to raise conditions in the same case.

The retaliation statute also treats rent “legally withheld” after reasonable notice of a housing code violation as protected activity (§ 42-3505.02(b)(3)). Withholding still carries risk, so give written notice first and set the money aside. Our landlord retaliation guide explains how to document requests.

Entry and Privacy

§ 42-3505.51 spells out each term. “Reasonable notice” means written notice at least 48 hours ahead, which can be by email or text, though the landlord must send paper if you do not acknowledge it. “Reasonable time” means 9 a.m. to 5 p.m., not on a Sunday or federal holiday, unless you agree to another time. The purpose must relate to safety, inspection, repairs, services, showing the unit, or government-ordered work.

Emergencies are the only exception. If a landlord enters unlawfully or keeps making unreasonable demands, a court may enjoin the conduct and award damages for breach of quiet enjoyment under § 42-3505.51(b)(2). If you report a housing code violation, though, you may not unreasonably block access for the repair.

Rent Increases and Rent Control

The Tenant Bill of Rights says every tenant is entitled to at least 60 days’ written notice of a rent increase, whether or not the unit is rent controlled. For controlled units, the landlord may raise rent only if properly licensed and registered, the unit substantially complies with the housing code, and there has been no increase in the past 12 months.

For Rent Control Year 2026, running May 1, 2026 through April 30, 2027, the Rental Housing Commission set the caps at 2.1% for tenants who registered elderly or disability status and 4.1% for other controlled units.

Late Fees: The 5% Rule

Under § 42-3505.31, a late fee may not exceed 5% of the full rent due, and only if your written lease states the maximum fee. The landlord must wait until you are more than 5 days late, or longer if the lease gives a longer grace period. The statute bars interest on late fees, deducting a fee from your next rent payment, charging more than once per late payment, evicting over unpaid fees, or charging you for the share a subsidy provider owes.

An unpaid fee may be invoiced with 30 days to pay, then deducted from your deposit at move-out. Compare other jurisdictions in our late fee laws by state table.

Evictions Only for Cause

§ 42-3505.01(a)(1) says no tenant may be evicted, even after the lease expires, while paying the rent the landlord is entitled to. The Tenant Bill of Rights counts eleven statutory grounds and notes that sale or foreclosure is not one of them. Every eviction requires a written notice, and notices for reasons other than nonpayment must also go to the Rent Administrator.

Nonpayment. The landlord must give notice at least 10 days before filing, with a ledger, by certified mail plus hand delivery or posting. No notice may issue, and no case may be filed, when less than $600 is owed (§ 42-3505.01(a-1)).
Lease violations. You get 30 days after notice to correct the violation (§ 42-3505.01(b)).
Illegal acts. A court finding of an illegal act in the unit allows a 30-day notice to vacate (§ 42-3505.01(c)).
Language and proof. A notice must be in your primary language if the landlord knows it is a covered language other than English or Spanish, and posted service needs a timestamped photo (§ 42-3505.01(a)(2)-(3)).

Cases are heard in the Superior Court’s Landlord and Tenant Branch at 510 4th St. NW. The Tenant Bill of Rights states that self-help, such as changing locks or cutting utilities, is prohibited, that evictions must be scheduled and supervised by the U.S. Marshals Service, and that in a nonpayment case you can stop the eviction by paying everything owed before the scheduled date. Under § 42-3505.01(k), no eviction may happen when the 8 a.m. forecast at National Airport is below 32°F or above 95°F, or while precipitation is falling.

The court must seal eviction records 30 days after a case the landlord loses, and three years after a judgment for possession, according to the Tenant Bill of Rights. See our eviction record sealing guide.

Retaliation and Discrimination

Under § 42-3505.02(a), retaliation covers more than eviction: unlawful rent increases, cut services, new obligations, privacy violations, harassment, refusing to renew, and threats. Subsection (b) requires the court to presume retaliation, and rule for you unless the landlord rebuts it by clear and convincing evidence, if within the prior 6 months you made a witnessed oral or written repair request, contacted District officials about code violations, legally withheld rent after notice, or organized a tenant group. Tenants also have a statutory right to organize under § 42-3505.06.

The D.C. Human Rights Act, § 2-1402.21(a), bars housing discrimination based on a long list of traits, including source of income, sealed eviction record, status as a victim of an intrafamily offense, personal appearance, matriculation, political affiliation, place of residence or business, and homeless status. The Tenant Bill of Rights lists the D.C. Office of Human Rights (ohr.dc.gov) for discrimination complaints.

Breaking a Lease Early

Intrafamily violence. § 42-3505.07 releases you from a lease if you, or a minor child you care for, are a victim of an intrafamily offense and you give the landlord a civil protection order or documentation signed by a qualified third party, such as a police officer, health professional or domestic violence counselor. The request must come within 90 days of the incident. The release takes effect 14 days after the landlord receives written notice and documentation, or sooner if a new tenant moves in, and you owe only prorated rent through that date.

Military orders. The federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955, gives servicemembers a federal exit right when they join the military mid-lease or get orders for a permanent move or a deployment.

Mitigation. If you leave early for any other reason, § 42-3505.52 makes the landlord’s damages subject to a duty to mitigate, so the landlord cannot simply let the unit sit empty and bill you for the rest of the term.

Worked Example: A Petworth Tenant’s Year

Marisol rents a rent-controlled one-bedroom in Petworth for $1,800 a month, due on the 1st, under a lease that lists a 5% maximum late fee. On February 2 she emails her landlord asking for a broken radiator to be fixed. That written request starts a six-month window, through August 2, in which any rent hike, nonrenewal or eviction filing is presumed retaliatory under § 42-3505.02(b).

In March she pays on the 9th. Because she was more than five days late, the landlord may charge one fee of up to $90, which is 5% of $1,800, but cannot evict her over it. In June the landlord gives notice of an increase taking effect September 1. Assuming no increase in the past 12 months and the 4.1% cap for Rent Control Year 2026, rent could rise by $73.80 to $1,873.80, with at least 60 days’ notice. Had she registered as a tenant with a disability, the cap would be 2.1%, or $37.80.

Frequently Asked Questions

Can a DC landlord refuse to renew my lease when it ends?

Not by itself. Section 42-3505.01(a)(1) bars eviction after a lease expires as long as you keep paying the rent owed. The landlord needs one of the statutory grounds and the required written notice.

Can my landlord evict me for owing $400 in DC?

No case can be filed. Section 42-3505.01(a-1) bars both the 10-day notice and an eviction filing when less than $600 in rent is owed, and unpaid late fees can never be the basis for eviction.

Can my DC landlord text me to say they’re coming in tomorrow?

A text can count as written notice under § 42-3505.51 if it gives at least 48 hours and the entry falls between 9 a.m. and 5 p.m. on a day other than Sunday or a federal holiday. If you do not acknowledge the text, the landlord must also provide paper notice.

Can a landlord reject me because of an old sealed eviction case?

No. Section 2-1402.21(a) lists “sealed eviction record” as a protected trait, alongside source of income and homeless status.

Where to Get Help in DC

The Office of the Tenant Advocate (202-719-6560) offers free advice, and the nonpayment notice itself must list the Landlord Tenant Legal Assistance Network at 202-780-2575. This guide is general information, not legal advice. If you receive a notice or court summons, call OTA or the Network that week, or use the LSC legal aid finder, and bring the notice, your lease and any repair emails.

Sources

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