Washington, D.C. Month-to-Month Lease Agreement

Required Landlord Disclosures (7) 

1. Lead paint: Federal law requires landlords to let tenants know about the knowledge or existence of any lead-based paint or lead-based paint hazards on any property built before 1978.

2. RAD FORM 3 (Applicant Disclosure Form): Washington D.C.’s Rent Administrator requires landlords to distribute a packet of disclosures to the tenant that discloses certain information about the unit, including:

• Any housing code or property maintenance violations within the past 12 months
• Any surcharges for the rental unit, including capital improvement surcharges
• Notice of any one-time, nonrefundable fees for pets, amenities, or other expenses
• Notice if the landlord registers the unit as a condo or co-op (Washington D.C. RAD Form 3)

3. Voter registration packet: Landlords must provide tenants with a voter registration packet upon move-in (D.C. Code § 42-3502.22(b)(1)(L)).

4. Tenant Bill of Rights: Landlords must provide each tenant a copy of the Tenant Bill of Rights, which gives tenants an overview of their basic rights regarding property rental in Washington, D.C. (Washington D.C. Tenant Bill of Rights).

5. Mold disclosure: Washington D.C. property owners are required to disclose any knowledge of mold contamination in the property within the last 3 years unless a licensed professional has fully remediated the issue (D.C. Code § 42-3502.22(b)(1)(K)).

6. Ownership information: Landlords must clearly list the name and address of the owner of the rental unit (D.C. Code § 42-3502.22(b)(1)(J)).

7. Rent control or exemption Status: As a municipality with rent control laws, the district requires landlords to inform tenants of the property’s rent control status (D.C. Code § 42-3502.22(b)(1)(E)).

Required Notice to Terminate Month-to-Month Agreement

Month-to-month rental agreements establish a tenancy-at-will, which means tenants have flexibility in the length of their stay on the property. The process of terminating a month-to-month agreement varies from state to state.

Required notice for landlord: In Washington, D.C., landlords cannot terminate a month-to-month rental agreement without proper cause, which is different from most of the rest of the country. Reasons for terminating a month-to-month rental agreement include:

• Non-payment of rent
• Violation of lease terms
• Illegal activities
• Withdrawing the unit from the rental market
• Personal use of the unit

Required notice for tenant: Tenants may cancel a month-to-month agreement by providing at least 30 days’ written notice to the landlord. Once done, the tenancy will expire on the first day of the first month following the 30 days of required notice.

Rent Increase Laws

Unlike fixed-term leases, which force the landlord to wait until the designated term ends before raising the rent, month-to-month leases give landlords more flexibility to raise the rent, though there are still strict guidelines on how rent increases work.

In Washington, D.C., landlords must provide a minimum of 60 days’ notice to tenants before increasing the rent on month-to-month leases. Due to existing rent control laws, many units across the district face limitations on rent increases. Under the Rental Housing Act of 1985, all rental units must register with the district to determine if they are subject to rent control or exempt. For rent-controlled units, rent increases are capped and can only be adjusted by an amount linked to the Consumer Price Index, plus an additional 2%.

Rent Payment Laws

Grace period: In Washington, D.C., there is a minimum grace period of five days for late rent payments (D.C. Code § 42-3505.31(b)(2)).

Late rent fees: Late fees are capped at 5% of the monthly rent and must be outlined in the rental agreement (D.C. Code § 42-3505.31(a)).

Tenant’s right to withhold rent: Washington D.C. has no laws allowing tenants to withhold rent for unmade repairs.

Pet rent laws: Landlords are allowed to collect a security deposit specifically for pets. A bill currently under consideration would allow landlords to charge an additional rent payment for pets, but that bill has not yet passed as of this writing.

Security Deposit Rules

Maximum security deposit: D.C. landlords can charge up to 1 month’s rent for a security deposit (14 DCMR § 308.2).

Security deposit receipt: Tenants in Washington, D.C., are entitled to a security deposit receipt unless they pay by personal check, which clearly states this purpose. Landlords must keep the deposit in an interest-bearing account at a federally insured bank within Washington, D.C. (14 DCMR § 308.3).

Interest: Landlords must pay interest on security deposits, with the rate being adjusted twice a year — once on January 1 and again on July 1 (14 DCMR § 311.1).

Deduction tracking: Funds can be deducted from the security deposit for expenses listed in the lease agreement but not for replacement value for any furniture or damage incurred by normal wear-and-tear (14 DMCR § 309.1).

Returning a tenant’s security deposit: Landlords must return the security deposit to tenants within 45 days of moving out (14 DMCR § 309.1).

Security deposit location: Property owners have a duty to disclose the location of the security deposit, the deposit amount, and the up-to-date interest rate (D.C. Code 42-3502.22 and Tenant Bill of Rights).

Pet deposit rules: Current laws do not regulate the amount of money a landlord in D.C. can charge as a pet deposit other than stating any combination of security deposits, in total, cannot exceed 1 month’s rent.

Property Access Regulations

Advance notice: Landlords must give tenants at least 48 hours’ notice before entering the unit (D.C. Code § 42-3505.51).

Immediate access: In cases of emergency, Washington, D.C. landlords can enter without notice (D.C. Code § 42-3505.51(b)(1)).

Landlord harassment: If landlords repeatedly enter a tenant’s unit without proper notice, they could be liable for landlord harassment. Tenants may be able to obtain a court order banning the landlord from further entry and recover the costs of damages via lawsuit (D.C. Code § 42-3505.51).

Rental Agreement Violations

Missed rent payment: If rent is late or missed beyond the 5-day grace period, landlords may deliver a 30-day notice to pay or quit (D.C. Code § 42-3505.01(a-1)(1)).

Lease violation: If a tenant commits a lease violation, landlords can issue a 30-day notice to cure or quit (D.C. Code § 42-3505.01(b)).

Self-help evictions: Landlords should never attempt a self-help eviction by removing a tenant themselves.

Lease abandonment: A tenant that breaks a lease early without a legally qualifying condition could be subject to the full remainder of the rent on the term, late fees, or other penalties depending on the specifics of the situation.