Explore our demand letter and small claims services.
Get StartedContents
If your landlord hasn’t returned your security deposit, you may be wondering when they should have returned it and how to get it back.
Below is a comprehensive guide covering everything you need to know about DC security deposit law. The D.C. law governing security deposits is outlined in the D.C. Code § 42–3502.17 and D.C. Mun. Regs. tit. 14, r. 14-308 under the Rental Housing Act of 1985.
Failure to comply with these requirements may result in penalties, and tenants have several options outlined in this article.
Looking to send a demand letter? Request an attorney demand letter or use our free tool to write one.
Get Started ➜Your Landlord Has 45 Days to Either Return Your Security Deposit OR Notify You They Will Keep Any Part of it 
Summary | Statute |
|---|---|
Within 45 days of lease termination, your landlord must return the remaining balance of the deposit, plus interest OR notify you they will keep any part of it. | “Within forty-five (45) days after the termination of the tenancy, the owner shall do one of the following: (1) Tender payment to the tenant, without demand, any security deposit and any similar payment paid by the tenant as a condition of tenancy in addition to the stipulated rent, and any interest due the tenant on that deposit or payment as provided in paragraph (4)(a) and (a-1) (14 DCMR § 311); or(2) Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant's last known address, of the owner's intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.” (2) Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant's last known address, of the owner's intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement. |
Tip: Give your landlord your new forwarding address in writing so they know where to send your deposit.
If Landlord Withholds Security Deposit, You Must Be Provided Within 30 Days of Receiving The Security Deposit Withholding Notice, An Itemized List of How Your Deposit Was Used
Summary | Statute |
|---|---|
If the landlord provided a written notice stating that they are withholding part or all of your deposit, the landlord must then do the following within 30 days after you received that notice: 2. Provide an itemized statement detailing how they used your security deposit. | “The owner, within 30 days after notification to the tenant pursuant to the requirement of paragraph (2)(a)(2) (14 DCMR § 309.1(b)), shall tender a refund of the balance of the deposit or payment, including interest not used to defray such expenses, and at the same time give the tenant an itemized statement of the repairs and other uses to which the monies were applied and the cost of each repair or other use.” |
Your Landlord Must Place Your Security Deposit in an Interest Bearing Account
Summary | Statute |
|---|---|
Landlords must place security deposits in an interest-bearing account in a D.C. financial institution and pay the interest earned to tenants. | “All monies paid to an owner by tenants for security deposits or other payment made as security for performance of the tenant's obligations shall be deposited by the owner in an interest-bearing escrow account established and held in trust in a financial institution in the District of Columbia insured by a federal or state agency for the sole purposes of holding such deposits or payments.” |
Tip: D.C. law requires landlords to keep security deposits in interest-earning accounts and return the accrued interest to tenants. Make sure your returned deposit includes any owed interest!
Tenants Have a Right to a Pre-Move-Out Inspection
Summary | Statute |
|---|---|
Tenants have the right to a pre-move-out inspection to address any issues that could result in deductions. This inspection must happen within three business days (not counting weekends or holidays). The landlord must send the tenant a written notice at least ten days before the planned inspection, telling them when and where it will happen. The inspection should then take place on the date and time given in that notice. | “310.1 In order to determine the amount of the security deposit or other payment to be returned to the tenant, the owner may inspect the dwelling unit within three (3) days, excluding Saturdays, Sundays, and holidays, before or after the termination of the tenancy. 310.2 The owner shall conduct the inspection, if the inspection is to be conducted, at the time and place of which notice is given to the tenant. 310.3 The owner shall notify the tenant in writing of the time and date of the inspection. 310.4 The notice of inspection shall be delivered to the tenant, or at the dwelling unit in question, at least ten (10) days before the date of the intended inspection.” |
What Can & Can’t Be Deducted from the Security Deposit
Summary | Statute |
|---|---|
In Washington, D.C., "wear and tear" refers to the normal and expected deterioration of a rental property over time due to regular use. Landlords cannot charge tenants for wear and tear when assessing deductions from a security deposit. | “(2) A covenant or promise by a tenant to leave, restore, surrender, or yield a leased premises in good repair does not obligate the tenant to make substantial repairs, replace obsolete materials, or fix other defects without negligence or fault on the tenant's part. (3) For the purposes of this subsection, the term "ordinary wear and tear" means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. The term "ordinary wear and tear" does not include deterioration that results from negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other tangible personal property by the tenant, immediate family member, or a guest.” |
Landlords CAN deduct any rent that remains unpaid, in addition to unpaid late fees, at the end of the lease. | “After the grace period established pursuant to subsection (b)(2) of this section, a housing provider may issue a tenant an invoice to be paid within 30 days after the date of issuance for any lawfully imposed late fees. If the tenant does not pay the late fee within the 30-day period, the housing provider may deduct from a tenant's security deposit, at the end of the tenancy, any unpaid, lawfully imposed late fees, along with any other amounts lawfully due the housing provider” |
The landlord CAN deduct costs for repairing damages caused by the tenant or their guests that go beyond typical wear and tear (e.g., holes in walls, broken fixtures, or stained carpets). | “The term "ordinary wear and tear" does not include deterioration that results from negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other tangible personal property by the tenant, immediate family member, or a guest.” |
A landlord CAN deduct from a security deposit costs incurred due to breaches of the lease agreement, such as unauthorized alterations or removing tenant-installed items. These may also include deducting reasonable cleaning expenses if the property is left excessively dirty. | “Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant's last known address, of the owner's intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.” |
Tip: Review your lease agreement for details on how the security deposit will be returned.
What is Considered Normal Wear & Tear?
In Washington, D.C., "wear and tear" refers to the normal and expected deterioration of a rental property over time due to regular use. Landlords cannot charge tenants for wear and tear when assessing deductions from a security deposit.
Examples of wear and tear include:
Minor scuffs or marks on walls.
Fading paint or wallpaper due to sunlight.
Light carpet wear, minor stains, or fading from foot traffic.
Loose door handles or cabinet hinges.
Small nail holes or pinholes used to hang pictures.
Worn-out appliances or plumbing fixtures due to regular use.
However, damage caused by neglect or misuse, such as broken windows, large holes in walls, or stains caused by spills, is not considered wear and tear and may be deducted from the tenant's security deposit. Landlords and tenants in D.C. should document the condition of the property during move-in and move-out inspections to avoid disputes. To avoid disagreements, both landlords and tenants should inspect the property and keep written records or photos during move-in and move-out.
How Much You Can Sue Your Landlord For
Summary | Statute |
|---|---|
If the landlord withholds a security deposit in bad faith, the landlord is liable to the tenant for three times the amount of the security deposit. | “Any housing provider violating the provisions of this section by failing to return a security deposit rightfully owed to a tenant in accordance with the requirements of this section shall be liable for the amount of the deposit withheld or, in the event of bad faith, for treble damages.” |
What to Do If Your Landlord Does NOT Return Your Security Deposit
You have several options if your landlord doesn't return your security deposit.
Send a Demand Letter Requesting Your Security Deposit be Returned
If the landlord doesn’t return your deposit on time, send a polite but firm demand letter requesting your money back.
Sending a demand letter to your landlord is an affordable and quick way to let your landlord know you are serious about getting your security deposit back.
If your demand letter is strong enough, it may convince your landlord to return your security deposit without filing a lawsuit.
Make sure to support your letter with details like:
The specific dollar amount of your security deposit.
Your move-out date.
A move-in checklist with pre-existing damage.
Include a date in the letter for the landlord to respond.
Alert the landlord of your intention to file a claim in small claims court and/or with the DC Office of the Tenant Advocate.
Looking to send a demand letter? Request an attorney demand letter or use our free tool to write one.
Get Started ➜Contact the DC Office of Tenant Advocate (OTA)
The Office of the Tenant Advocate (OTA) helps tenants understand the Rental Housing Act of 1985 (rent control) and the Rental Housing Conversion and Sale Act of 1980. OTA helps explain tenant rights and how to make sure tenants are treated fairly under the law.
OTA provides legal support to tenants in certain situations, including direct representation. For other cases, OTA refers tenants to free or contracted legal service providers and attorneys.
OTA helps tenants:
understand their rights through individual or group advice,
with legal representation in court or administrative cases if certain conditions are met,
with filing tenant petitions and drafting court documents,
resolving disputes through mediation, negotiation with landlords, and other alternative solutions,
with legal and technical assistance for further action such as filing tenant petitions.
You can submit a question to OTA on their website.
File a Petition with the Office of Administrative Hearings (OAH)
The Office of Administrative Hearings (OAH) has authority to hear and decide rental housing cases under the Rental Housing Act, including cases over improper withholding of security deposits.
Complete and Submit a Tenant Petition Form Requesting a Hearing: Obtain the form from OAH. Fill it out with details about your case, including the amount of the deposit and why you believe it should be returned. Submit the petition. File it with OAH either in person, by mail, or email.
Prepare for a hearing: OAH will schedule a hearing where both you and the landlord can present your case. Bring evidence like receipts, move-out inspection reports, and communications with the landlord.
Await a decision: After the hearing, a judge will issue a decision.
Note: You can file a lawsuit in DC Small Claims Court at the same time as filing a case with OAH. If your case is resolved at any point, you can choose to close the court case.
File a Tenant Petition Form with the Department of Housing and Community Development (DHCD)
If your landlord refuses to return your deposit without valid reasons, you can file a tenant petition at the Rental Accommodations Division (RAD) of the Department of Housing and Community Development. The Tenant Petition Form is available online. To proceed, fill out the form completely and file it with DCHD according to these instructions.
Sue Your Landlord in Small Claims Court
In Washington, D.C., the monetary limit for small claims court is $10,000. This means you can file a case in small claims court if you seek up to $10,000. A small claims court is designed to resolve disputes quickly and without needing a lawyer, making it a common option for issues like unpaid debts, security deposit disputes, or property damage claims.
The necessary forms for filing in Small Claims Court are available on the D.C. Courts website. The Small Claims Court has produced a small claims information handbook with detailed explanations of their procedures.
Preparing Your Evidence for Your Small Claims Hearing
Forwarding Address. Evidence that you provided your landlord with a forwarding address. Your landlord is required to send you an itemized list of deductions to your last known address. If you didn’t provide them with the address where you moved, they were only required to send you the itemized statement to the address where you just moved from. If you have evidence that you provided your landlord with a new address, add this to your evidence.
Pictures and videos. If you took pictures of the property before you moved in and pictures of the unit when you moved out. This will help the judge understand what damage may have already existed before you moved in.
A timeline of events. A timeline always makes a case very clear to a judge, especially in security deposit disputes where the dates and deadlines matter.
Evidence of a demand letter. If you sent your landlord a demand letter, this shows that you tried to give your landlord an opportunity to rethink their deductions from your security deposit, and they still failed to return it.
If you prepared a Tenant Move-In and Move-Out Checklist, review it for any existing damage to make sure your landlord doesn’t deduct for damages that existed before you moved in. For future reference you can download the DC Tenant Move-in and Move-out Checklist.
Learn more about how to prepare for small claims court.
Looking to send a demand letter? Request an attorney demand letter or use our free tool to write one.
Get Started ➜
Patrick Forrest, Esq.
Patrick has practiced law for over two decades in both the private and public sectors, including roles as a JAG Officer, at the Department of Homeland Security, and as a Presidential Management Fellow. He has also been an instructor and Senior Fellow at George Washington University and held a Fulbright Research Chair. Patrick holds a B.A. from Virginia Military Institute, a J.D. from Syracuse University, and an LL.M. from George Washington University.
Don't Lose This Guide
Patrick Forrest, Esq.
Patrick has practiced law for over two decades in both the private and public sectors, including roles as a JAG Officer, at the Department of Homeland Security, and as a Presidential Management Fellow. He has also been an instructor and Senior Fellow at George Washington University and held a Fulbright Research Chair. Patrick holds a B.A. from Virginia Military Institute, a J.D. from Syracuse University, and an LL.M. from George Washington University.