A Washington D.C. residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
These disclosures are required for some or all residential lease agreements in Washington D.C.:
| Disclosure | Applicable To |
|---|---|
| Tenant’s Bill of Rights | All Units |
| RAD Form 3 (Applicant Disclosure Form) | All Units in a Housing Accommodation |
| RAD Form 5 (Notice of Disclosure Forms) | All Units |
| Rent Control/Exemption Status | All Units in a Housing Accommodation |
| Mold Disclosure | Units with Mold Contamination in Past Three Years |
| Voter Registration Packet | All Units |
| Lead Paint | Units Built Before 1978 |
Applicable to all in Washington D.C. rentals.
Washington D.C. landlords must provide each tenant with a copy of the Tenant Bill of Rights published by the Office of the Tenant Advocate. This document outlines the basic rights of tenancy in Washington D.C.
Applicable to anyone in Washington D.C. filing an application to lease.
Washington D.C. tenants applying for a lease have a right to receive a specific set of disclosures published by the city’s Rent Administrator. These disclosures (also known as RAD Form 3) must be completed in full and signed by both the applicant and housing provider. The law requires disclosure of the following information:
Applicable to all Washington D.C. rentals.
Washington D.C. landlords must provide the disclosures mandated by the Rental Housing Act of 1985. The contents of the disclosure must be updated within 30 days of any change. The provider of housing must complete the form and sign it, then provide a copy to the tenant.
Applicable to all Washington D.C. housing accommodations.
Washington D.C. landlords must provide their tenants with a pamphlet explaining local rent control laws and regulations, in addition to a disclosure regarding the property’s rent control status. This must include the landlord’s business license, and a copy of rent control registration (or claim of exemption, if applicable), together with the most recent notice filed.
Applicable to all Washington D.C. rentals with mold contamination within the past three years.
Washington D.C. landlords must disclose knowledge of any indoor mold contamination in the rental unit or common areas within the past three years. The landlord must also provide proof of remediation, if completed by a professional remediation company licensed and certified in the District of Columbia.
Applicable to all Washington D.C. rentals.
Washington D.C. landlords must provide tenants with a voter registration packet developed by the District of Columbia Board of Elections.
Applicable to any Washington D.C. rentals units built before 1978.
Washington D.C. residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
The following lease agreement disclosures and addenda are not required by Washington D.C. law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Landlord’s Name and Address | Specifies the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Move-In Checklist | Takes inventory of existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
How Long Can a Residential Lease Be in Washington D.C? Depending on circumstances, in Washington D.C. it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Unlike most states, Washington D.C. does not have strict limits on the length of an oral lease in most circumstances. Read more » Is a Contract to Lease Binding in Washington D.C.? Yes, a contract to lease is legally binding in Washington D.C. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Washington D.C.? No, lease agreements do not need to be notarized in Washington D.C. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Washington D.C? Yes, a lease can automatically renew in Washington D.C. Most rental agreements will automatically renew when the initial tenancy period is over, if neither party takes action. Past this point, the lease typically becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
