16 Tips on Renting in D.C.
1. How can I learn about D.C. rental law?
The District of Columbia Housing Code (DCHC) is enforced by the D.C. Department of Consumer and Regulatory Affairs’ Housing Regulation Administration (HRA). The HRA publishes the “Tenant’s Guide to Safe and Decent Housing,” a 30-page booklet summarizing the D.C. housing code and its partner, the Rental Housing Act of 1985, which is the city law covering rent-controlled apartments. To obtain a copy, visit the Housing Regulation Services Center in Room 700 at 614 H Street, N.W., Washington, D.C., 20001, telephone (202) 727-7395, or send the office a self-addressed, stamped envelope to receive the guide by mail.
2. Is there any basic information I need to know about renting?
Before you dive into the code’s specifics, there is one basic rule of thumb for D.C. apartment-hunting: Read your lease and understand what your responsibilities are when you sign it. One of the biggest landlord-tenant problems faced by the D.C. Law Students In Court Program, an organization of court-certified, third-year law students who represent income-limited individuals before the law, is tenants who aren’t fully aware of the obligations they agreed to in their leases. If you want to avoid surprises, get all your agreements in writing and make sure you understand the obligations that you are taking on under those agreements when you sign your lease.
3. What do I need to know about my security deposit — and when can I get it back?
The security deposit is often the first major exchange of money between a new tenant and a landlord. The HRA suggests you clearly understand the landlord’s terms and conditions regarding the deposit and its return when the time comes. The landlord is required to state these terms and conditions on the lease or on your receipt for the deposit. But the DCHC really kicks in when you move out of an apartment. When you leave, the landlord has 45 days either to return your deposit or notify you — in writing — of any intention to apply the money toward damages in the apartment.
4. Does my security deposit collect interest?
The DCHC dictates that the interest rate on the deposit be equal to the passbook interest rate. The prevailing rate on either January 1 or July 1 applies for all or part of the six months following those dates in which you rent the apartment.
5. Is there anything special I need to know about getting a group house?
Since sprawling, high-rise apartment buildings are relatively scarce in D.C., group houses are a common rental option and come with a unique set of leasing issues. “A number of people sign a lease,” in a group house, says Ann Marie Hay, director of the D.C. Law Students In Court Program, “but then people sequence through the house. Some move out, new people move in — and then some of the people who originally signed the lease are no longer there.” Under a concept known as “joint and several liability,” if legal disputes arise or back rent is owed, the house’s landlord can pursue all the original signers of the lease for remedy, or he can just concentrate on the one or two left in the house.
6. Should I ask the landlord for an official inspection of the apartment before I move in?
The DCHC states that apartments and their furnishings must be “in a clean, safe and sanitary condition.” It’s important, therefore, that you ask a prospective landlord permission to inspect an apartment before you sign or pay anything. According to Hay, a pre-move-in walk-through with someone from the building management is a smart way to avoid disputes down the road: “Flush the toilet, turn on the faucets… if something isn’t in working order, it should be put in writing,” says Hay. That way, you can’t be held liable for damage that existed when you moved in.
7. If something needs to be fixed when I move in, what should I do?
If anything needs to be repaired when you move into an apartment, make a detailed list, give it to the landlord or his representatives, and either have it signed and dated by the landlord, or send it by registered mail — and keep a copy for yourself. Log all calls. The HRA asks that tenants be patient and flexible while the landlord schedules repairs. If a repair must be made because of a code violation, the law will dictate how fast the repair must be made. If this is not the case, however, and you think a reasonable amount of time has passed, you can call the HRA.
8. Can my landlord enter my apartment — or let repairmen in — when I’m not there?
Housing laws do not address a landlord’s ability to enter an apartment, or let repairmen in, without prior notification. If you want to establish what the ground rules are in your case, the HRA suggests you come to an agreement with your landlord before you move in. “Some tenants insist on being there (when repair work is to be done) and ask the landlord for, say, 24-hours’ notice,” says Hay. “If the relationship is good enough, then some kind of agreement can be reached.”
9. When is a landlord permitted to raise the rent?
The Rental Housing Act of 1985 covers more than 60 percent of all rental housing in the District. According to this law, there are several ways a landlord can raise an apartment’s “rent ceiling” — the legal limit that can be charged for that unit. The one most renters will run into is a yearly automatic rental increase based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).
10. Can I, as a tenant, be cited for violating housing codes?
Yes, you can. “Tenants can be and are issued Housing Violation Notices for unsanitary conditions” says the HRA. The law dictates that tenants have a responsibility to maintain and clean the apartment, to use all the electrical, gas, plumbing and heating equipment properly. Landlords have the right to ask for HRA inspections of an apartment if they think it’s not being maintained properly — but they must have evidence.
11. Does a landlord have an obligation to heat an apartment?
If the heat in your apartment is not under your control, the law dictates that the landlord must keep your apartment at a minimum 68 degrees Fahrenheit between 6:30 a.m. and 11:00 p.m., and at a minimum 65 degrees the rest of the time.
12. What about air conditioning?
If air conditioning is provided by your landlord, it must be in good and safe working order and be able to cool your apartment down to at least 15 degrees Fahrenheit lower than the outside air temperature, according to published weather reports. If you think your air conditioning is faulty and complains to the HRA, inspectors will take a reading in your apartment.
13. Whom do I call if I disagree with my landlord?
If you have a dispute with a landlord that you cannot resolve, you can file an official complaint with the Housing Regulation Administration. When you call, be sure to have as much information as possible about your landlord and the building, including names of the owners, addresses and telephone numbers. Also, be sure to let the HRA know where they can reach you during the day. A staff member has three days to contact you to schedule an inspection — if they can’t find you, your case may be closed. The HRA says inspections are normally conducted within five working days after they contact you, or seven working days if the complaint is about the exterior of the building. In scheduling inspections, the HRA gives priority to interior inspections in occupied housing.
14. What can I be evicted for — and what is the process?
A landlord may not evict you without prior, written notice, except in the case of non-payment of rent. If a landlord wants to evict you for violating your tenancy agreement, it must be a violation of a specific lease provision and he must take action within six months of the violation. If your landlord serves you with a “Notice to Correct or Vacate,” document, indicating an intention to evict if you do not remedy the problem, you have 30 days to correct the violation.
15. What else does the “Tenant’s Guide” cover?
In addition to explaining much of the above in fuller detail, The HRA’s “Tenant’s Guide” outlines the full hearing and adjudication process after a tenant complaint is filed. The booklet also touches on conversion of properties into co-ops, what properties fall under the rent stabilization law and how rent stabilization works. If the apartment you live in or are looking at falls into these categories, you should pick up the booklet. Both the booklet and HRA can also direct you to some free or low-cost legal services, should you need them.
16. Can the HRA help me in other ways?
- If you have questions about housing code violations, call the HRA at (202) 727-7673.
- If you have questions about rent stabilization laws, security deposits or evictions, call (202) 727-7315.
If you have more general questions, call the District’s Department of Consumer and Regulatory Affairs at (202) 727-7170.