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Washington, D.C. security deposit law
Checked against the Washington, D.C. statutes on October 1, 2026 General information, not legal advice
Key numbers
- Security deposit limit
- 1 month
- of rent, all deposits together, under the housing regulations
- 14 DCMR 308
- Deposit refund deadline
- 45 days
- after the tenancy ends, to refund or give written notice of amounts claimed
- D.C. Code § 42-3502.17(e)(2)14 DCMR 309
Security deposit limit
Partly readThe District's housing regulations limit a security deposit to one month's rent, counting all deposits together, and allow it to be collected only once. The D.C. Code says deposits are collected under the Security Deposit Act and those regulations. The regulations are published only as Word files and were not reread for this page.
14 DCMR 308 D.C. Code § 42-3502.17(a)
- A landlord may not demand a deposit from a tenant who has lived in the unit since July 17, 1985 without ever having paid one, except for newly built units and some exempt units. D.C. Code § 42-3502.17(a)
- A separate pet deposit was added to the Code in 2025 but is marked not funded, so it has not taken effect. D.C. Code § 42-3502.17(d) D.C. Law 25-308
- When a prospective tenant applies, you must disclose the amount of any initial security deposit, the interest rate on it and how it is returned. D.C. Code § 42-3502.22(b)(1)(H) See Required disclosures on the Washington, D.C. page
The Rentari D.C. lease states the deposit amount and says it may not exceed the first full month's rent and may be charged only once.
Returning the deposit
Partly readWhen the tenancy ends, ask the tenant for a forwarding mailing or email address. Within 45 days after the tenancy ends, you must send the tenant written notice of any unpaid amounts you claim, with photographs or other documentation, a statement of the tenant's right to dispute them, and your contact information. The housing regulations also set the refund itself: return the deposit with interest within 45 days, or give written notice of the intent to withhold, then refund any balance with an itemized statement within 30 days after that notice.
D.C. Code § 42-3502.17(e) 14 DCMR 309
- Send the notice in person, by email or by certified mail to the forwarding address. It may claim unpaid rent, damage beyond ordinary wear and tear, and the cost of removing items the tenant left behind. D.C. Code § 42-3502.17(e)(2)
- The tenant has 30 calendar days after the notice is served to dispute the amounts, and you must answer in writing within 10 days after receiving the tenant's information. D.C. Code § 42-3502.17(e)(3)
- Keep proof that the notice was served for at least 60 days before you send any unpaid amount to a debt collector. D.C. Code § 42-3502.17(e)(4)
- You may not keep any of the deposit to replace items damaged by ordinary wear and tear, meaning deterioration from intended use, age or worn condition. Damage from negligence, carelessness, accident or abuse by the tenant, family or guests is not ordinary wear and tear. D.C. Code § 42-3502.17(c)
- Unpaid late fees that were lawfully imposed and invoiced may be taken from the deposit at the end of the tenancy. D.C. Code § 42-3505.31(d) See Rent and late fees on the Washington, D.C. page
- Under the regulations, a deposit withheld in bad faith can cost treble damages; the regulation text was not reread for this page. 14 DCMR 309
The Rentari D.C. lease says that within 45 days after the tenancy ends you either return the deposit with interest or give written notice of the intent to withhold, with documentation and the tenant's right to dispute, and refund the balance with an itemized statement within 30 days after that notice.
Deposit account and interest
Partly readUnder the housing regulations, keep the deposit in an interest bearing escrow account, in trust, in a financial institution in the District that is insured by a federal or state agency, and pay the tenant interest at not less than the statement savings rate in effect each January 1 and July 1. The regulations are published only as Word files and were not reread for this page.
- At application, disclose the interest rate on the deposit and how it will be returned. D.C. Code § 42-3502.22(b)(1)(H)
- Complaints about a deposit that was not returned, or interest that was not paid, can be heard by the Office of Administrative Hearings. D.C. Code § 42-3502.17(b)
The Rentari D.C. lease says the deposit is held in an interest bearing escrow account in a District financial institution and earns interest at not less than the statement savings rate set each January 1 and July 1.
Move-in condition
Partly readNo move-in checklist rule appears in the D.C. Code sections read for this page. The housing regulation on inspecting the unit for the deposit is published only as a Word file and was not read.
- Photographs or other documentation are required to support any amount you later claim from the tenant, so a dated move-in record helps. D.C. Code § 42-3502.17(e)(2)(B) See Returning the deposit on the Washington, D.C. page
The Rentari D.C. lease has the tenant accept the unit as shown in any move-in condition report and report pre-existing damage in writing within the period the law provides or, if none, within 7 days.
Questions
How much security deposit can I charge in D.C.?
No more than one month's rent, counting all deposits together, under the District's housing regulations, which also require it to be held in an interest bearing escrow account in the District. The regulations are published as Word files and were not reread for this page.
When do I have to return the deposit?
Within 45 days after the tenancy ends, send the tenant written notice of any amounts you claim, with photographs or other documentation a statement of their right to dispute, and your contact information. Under the regulations you refund the deposit with interest within 45 days, or refund the balance with an itemized statement within 30 days after your notice. The tenant has 30 days to dispute, and you answer within 10 days.