Episode 193: Location-Specific Tenancy Guidance for Washington DC
Summary
Today’s location-specific episode features Washington DC. We explore the overview of the housing guiding document called Code of the District of Columbia Tenant Bill of Rights. Each of my location-specific podcasts is set up the same way answering the same four questions:
1) What are the basics of the Code of the District of Columbia Tenant Bill of Rights
2) What are the nuances of this location – what is different that stands out?
3) Some guidance about abandoned items left behind by a tenant in a rental in Washington DC
4) Where to get help in your local area in Washington DC. Then I’ll go through what I call my “Bingo Card” of standard items I see most often in tenancy laws in different locations.
This episode is NOT all inclusive – you must research further in your specific area including your County, Regional District, Parish, City or any other Governing Body that involves your rental location, but today’s episode will get you started!
This episode includes resources for Washington DC including:
Listen to the full episode :
This Week’s Blog Post:
Welcome to My Life As A Landlord, where we educate curious US and Canadian landlords, answer rental questions, and clear up confusions about all things housing. I'm your host, Doctor Jennifer Salisbury, and today we are exploring the location-specific tenancy guidelines for Washington, D.C., that is the District of Columbia.
The Four Questions We Always Answer
Each of my location specific podcast is set up in the exact same way, answering the same four questions. What are the basics of the tenancy laws of wherever we are looking at, which in this case is the District of Columbia Tenant Bill of Rights? What are the nuances of the location? What's different? What stands out? What's some guidance about abandoned items left behind by a tenant in Washington, D.C.? And where to get help in your local area? At the very end of this episode, I'll go through what I call my bingo card, which is my list of the most standard items I see when I do these location specific episodes, and I'll review what's there, what's missing, what's extra, what's different. I have to, of course, give you the big disclaimer that there may be more guiding documents, more items than what I'm giving you here. This is not everything. This will just get you started and give you some guidance. Even if I get 100% right five minutes after I record this episode, it could change. So please just know that this episode is not all inclusive. You must research further to get the most updated and accurate items for where your rentals are located.
Leases, Security Deposits, and Automatic Conversions
A written lease in Washington, D.C. is not required to establish a tenancy. Now you will, if you are longtime listener of this show, you will know that I push to have everything in writing, including a lease. So even though it's not required in Washington, D.C., it is highly advised. It is definitely best practice. After the initial lease term expires, you have the right to continue your tenancy month to month indefinitely on the same terms except for lawful rent increases. So there it is. It does not. Leases do not end abruptly. Fixed leases, let's say you rent for a year, it automatically converts. You will not see a holdover in this at all because it just set it right in here. The amount of security deposit may not exceed the amount of one month rent. Landlord must place your security deposit in an interest bearing account and post notices saying where the security deposit is held and the prevailing interest rate. Within 45 days of your vacating the apartment, the landlord must either return your security deposit with interest, or provide you with written notice that the security deposit will be used to defray legitimate expenses, which must be itemized within 30 more days.
Rent Control and Late Fees in Washington DC
Rent control limits the amount and the frequency of rent increases for units that are exempt from rent control. Generally only the lease terms limit rent increases. If rent control applies, landlord may not raise the rent unless the owner and manager are properly licensed and registered, unless the unit and common areas are substantially complying with Housing Code. More frequently than once every 12 months, once a year, you cannot raise it more than the consumer price index for an elderly tenant 62 or over, or a tenant with a disability, regardless of income, and you cannot raise it by more than consumer price index plus 2% for all other tenants. A rent increase larger than either of those two with the consumer price index requires government approval of a landlord petition, which tenants may challenge. The housing provider may charge a late fee of no more than 5% of the full amount rent due by a tenant. Housing provider may only charge a late fee if the written lease agreement between the housing provider and the tenant informs the tenant of the maximum amount of the late fee if the tenant has not paid the full amount of rent within five days or longer grace period that may be provided in the lease after that day. So it looks like the grace period is five days before the late fee is due.
Landlord Retaliation and Quiet Enjoyment
Landlord may not unreasonably interfere with the tenant's comfort, safety or enjoyment of a rental. So you cannot have abuse of access, whether for the purpose of causing housing accommodation to become vacant or otherwise. Also, the landlord may not retaliate against you as the tenant for exercising any right of tenancy, including unlawfully seeking, recovering possession of your unit, increased rent, decreased services or increased obligations and also includes violating your privacy, harassing you or refusing to honour your lease. It does not have a timeline in here. Usually when landlord retaliation is defined, there is a timeline and that is not there. Landlord must ensure that your unit is in all common areas, are safe and sanitary is the first day of your tenancy and this is known as a warrant of habitability. And that must include compliance of the Housing Code, including keeping the premises safe and secure, free of rodents and pests, keeping the structure and facilities of the building in good repair, ensure adequate heating, lighting and ventilation.
Evictions, Abandoned Property, and Getting Help
Your landlord may evict you for one of ten specific reasons set forth in title five of Rental Housing Act of 1985. For example, you may not be evicted just because your lease term expires, or because the rental property has been sold or foreclosed, because that just is a change in ownership. Even if there is valid basis to evict you, the landlord may not use self-help methods to do so, such as cutting your utilities or changing the locks. That is illegal. Landlords don't do that. Rather, the landlord must go through the judicial process, and generally the tenant must be given a written notice to vacate, an opportunity to cure the lease violation if that is the basis for action and an opportunity to challenge the landlord's claim in court. Finally, any eviction must be pursuant to a court order and must be scheduled and supervised by US Marshals Service. At the time of an ejectment, the landlord shall change the locks on the leased premises in the presence of the United States Marshals Service at the landlord's expense, and any personal property remaining in or about the lease premises at the time of ejectment is deemed abandoned.
There are tons of resources available including the D.C. Department of Housing Community Development, the D.C. Office of Tenant Advocate, Legal Aid Society, and many more. Real estate takes you places. Where do you want real estate to take you?