(202) 719-6560 This document is for informational purposes only

T h e O f f i c e o f t h e T e n a n t A d v o c a t e

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S u i t e 3 0 0 N o r t h

W a s h i n g t o n , D C 2 0 0 0 9

(202) 719-6560

This document is for informational purposes only and does not constitute legal advice.

Please contact the OTA if you have any questions or wish to consult an attorney.

WHAT RENTERS SHOULD KNOW ABOUT

“THE RESIDENTIAL LEASE AMENDMENT ACT OF 2016”

The “Residential Lease Clarification Amendment Act of 2016” (DC Law 21-210,

effective February 18, 2017) (the Act) clarifies certain aspects of District rental housing

law pertaining to residential leases. The following tenant protections generally apply

notwithstanding any lease clause to the contrary.

Landlord’s duty to mitigate damages: The Act codifies the “landlord duty to mitigate

damages” in the context of residential leases. Under general contract law principles, the

housing provider has a duty to mitigate damages when the tenant is in breach of the lease.

For example, a tenant who moves out early generally remains responsible for paying the

rent through the end of the lease term. However, the housing provider is not entitled to

collect avoidable damages. Rather, the housing provider must have made good faith

efforts to re-let the unit to another tenant.

Security deposits and improper withholding: The Act codifies District case law

regarding when the housing provider may apply the security deposit to cover repair costs

after a tenant moves out. Such withholding is permissible to recover the cost of repairs

resulting from “negligence, carelessness, accident, or abuse” by “the tenant, immediate

family member, or a guest.” Such withholding is prohibited, however, regarding

damages that are due to “ordinary wear and tear” – which is defined as “deterioration that

results from the intended use of a dwelling unit.”

Mandatory services and facilities fees: For any unit under rent control, the Act clarifies

that no mandatory fee for a service or facility may be imposed unless the fee has been

approved pursuant to a Services and Facilities Petition or a 70% Voluntary Agreement.

The housing provider may impose a fee for storage space or parking or other optional

service or facility.

Housing provider access to the unit: Under District case law, a housing provider’s

unreasonable entry into the rental unit violates the tenant’s right of quiet enjoyment. The

Act establishes specific standards of reasonableness and declares such entry in non-

emergency situations to be reasonable only if: (1) the tenant has been given at least 48

hours written notice absent the tenant’s agreement otherwise; (2) the entry occurs

between 9 am and 5 pm, and not on a Sunday or federal holiday, unless the tenant has

agreed to another time; and (3) it is for a reasonable purpose. Reasonable purposes

include maintaining safety or services, inspecting, repairing, and showing the unit to a

prospective purchaser or tenant. A tenant who has alleged housing code violations may

not unreasonably prevent the housing provider from entering the unit to assess and abate

the problem.

Tenant’s Notice of Intent to Vacate: The Act clarifies existing law regarding the tenant

notice of intent to vacate the unit during a month-to-month tenancy. A housing provider

may not require a month-to-month tenant to give more than a 30-day notice of his or her

intent to vacate the unit. The tenant should be aware, however, that the notice does not

take effect until 30 days after the date that the rent is next due. For example, if a tenant’s

notice of intent to vacate the unit is given to the housing provider on February 15

, and

the rent is next due on March 1

, then the tenancy will not terminate until April 1.

The law is somewhat different for a tenant who wishes to move out upon the expiration

of the written lease term, i.e., before the tenancy becomes month-to month. In that

instance, the lease may require more than 30 days-notice of a tenant’s intent to vacate,

but only if the lease also entitles the tenant to a written notice of a rent increase that is at

least 15 days longer than that. For example, if the lease requires the tenant to provide a

60-day notice of intent to vacate, the lease must also entitle the tenant to a 75-day notice

of a rent increase. If the lease fails to do so, the tenant is only required to give the

housing provider a 30-day notice of intent to vacate.

Subletting: The Act codifies the housing provider’s right to prohibit subletting

altogether. If the lease does not expressly do so, the Act protects the tenant’s reasonable

expectation that subletting is permitted. In that instance, the housing provider may

condition subletting on reasonable rental qualification guidelines, but may not

unreasonably withhold consent to subletting.

Penalties: Treble damages apply if a housing provider: (a) has violated the Act regarding

the tenant notice of intent to vacate or subletting, or section 304 of Title 14 of the D.C.

Municipal Regulations (“Prohibited Waiver Clauses in Lease Agreements”); and (b) is

found to have acted in bad faith.