Breaking a lease in Washington, D.C.

If a tenant leaves before the lease ends, or in bad faith never moves in, any damages you claim are subject to your duty to mitigate them, which in practice means trying to re-rent the unit (D.C. Code § 42-3505.52).

• A tenant who is a victim of an intrafamily offense, or the parent or guardian of a minor victim, is released from the lease on giving written notice with a protection order or documentation signed by a qualified third party, such as a police officer, health professional or domestic violence counselor. The request must come within 90 days of the incident (D.C. Code § 42-3505.07(a) to (c), (e)).
• The release takes effect 14 days after you receive the notice and documentation, or when a new tenancy for the unit starts if sooner, and the tenant owes rent only pro-rated to that point, whatever the lease says about penalties (D.C. Code § 42-3505.07(d), (f)).

The Code sections read recognize that a tenant may lawfully withhold rent after reasonable notice of a housing code violation, but they do not spell out a repair and deduct or withholding procedure; the housing regulations and court decisions that do were not read for this page (D.C. Code § 42-3505.02(b)(3)).

• A tenant who lawfully withheld rent after notice of a violation, asked for repairs, or reported violations to District officials within the past 6 months is presumed to be facing retaliation if you act against them (D.C. Code § 42-3505.02(b)).See Retaliation on the Washington, D.C. page
• A court can award damages and stop a landlord from unlawful entry, which protects the tenant's right to quiet enjoyment (D.C. Code § 42-3505.51(b)(2)).

You may prohibit subletting or assignment, in part or in full, if the lease says so. If the lease allows subletting with your reasonable consent, or says nothing about it, you may condition consent on the proposed subtenant meeting your reasonable rental qualification guidelines, which you must give the tenant on request (D.C. Code § 42-3505.55).

• If you let a tenant find a replacement tenant, assign the lease or sublet, any replacement fee you charge the outgoing tenant may not exceed the application fee limit (D.C. Code § 42-3505.10(b)(4)).

A landlord cannot end a residential tenancy, month-to-month or after a lease expires, just by giving notice. As long as the tenant pays the rent you are entitled to, you may recover the unit only for one of the reasons the eviction statute lists, after the notice it requires. The tenant may end a month-to-month tenancy with 30 days' written notice that expires on the first day of a month (D.C. Code § 42-3505.01(a)(1); D.C. Code § 42-3202(b); D.C. Code § 42-3505.54(a)).

• The tenant's notice expires on the first day of the first month at least 30 days after the date of the notice (D.C. Code § 42-3505.54(a); D.C. Code § 42-3202(b)).
• Grounds other than the tenant's fault each carry their own notice to vacate, for example 90 days when an owner who is a natural person (not a company) in good faith wants to live in the unit, 120 days for approved renovations, and 180 days to stop using the unit as housing, and some come with relocation help and limits on re-renting (D.C. Code § 42-3505.01(d), (f), (i)).See Eviction process on the Washington, D.C. page
• A clause requiring more than 30 days' notice from the tenant when an initial lease term ends is void unless the lease says it expires with the initial term and that the tenant may then leave on 30 days' notice while month-to-month (D.C. Code § 42-3505.53).

When 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).