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Rental deposit

the District of Columbia security deposit return — 14 DCMR § 309

Sub-nationalUS-DCRead off primary law

District of Columbia

Rule id
deposit.us-dc
Version
1.0.0
In force from
January 1, 2007
Last read against its sources
August 5, 2026
Countries bound
United States

In plain language

What this regime says.

the District of Columbia gives a landlord 45 days to deal with a security deposit after the tenancy ends. A written itemised statement of deductions is mandatory. A landlord who retains the deposit in bad faith can be liable for up to 3× the wrongfully withheld amount plus your reasonable attorney's fees.

Who is covered

Residential tenants in the District of Columbia whose landlord has kept some or all of a security deposit.

What you get

The wrongfully withheld part of your deposit, potentially multiplied by 3, plus your reasonable attorney's fees.

Where claims go wrong

  • Waiting. The limitation period runs from the day the deadline was missed, not from the day you noticed.
  • Accepting a partial payment marked "full and final settlement" without reserving your rights in writing.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. 14 DCMR § 309District of Columbia Municipal Regulations, tit. 14, ch. 3 (Security Deposits)§ 309.1, § 309.5
  2. D.C. Code § 42-3502.17Code of the District of ColumbiaURL verified 2026-08-05§ 42-3502.17
  3. D.C. Code § 42-3509.02Code of the District of ColumbiaURL verified 2026-08-05§ 42-3509.02 — attorney's fees to the prevailing party
  4. 14 DCMR § 308District of Columbia Municipal Regulations§ 308 — one-month cap and escrow
  5. 14 DCMR § 311District of Columbia Municipal Regulations§ 311 — interest

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Landlord's deadline to account for the deposit14 DCMR § 309 gives the landlord 45 days from 2026-07-09 to return the deposit and account for any deductions.14 DCMR § 309 — § 309.1, § 309.5Response due
  • the District of Columbia limitation period for a deposit claimFatal if missedThree years on a simple contract and on the residual category under D.C. Code § 12-301. Note § 12-301 sets one year for "a statutory penalty or forfeiture", which a landlord will argue against the treble element. The clock runs from 2026-08-23, the day the landlord's own deadline expired.D.C. Code § 12-301 — § 12-301Limitation period

What it entitles you to, beyond money

  • Interest on the depositthe District of Columbia requires interest to be paid on a residential security deposit. Rate basis: the statement savings rate prevailing at the escrow institution on 1 January and 1 July of each six-month period. 14 DCMR § 311.1 sets the rate at not less than the statement savings rate prevailing at the District financial institution holding the escrow account on 1 January and 1 July for each six-month period. § 311.2 makes interest due on termination of any tenancy of twelve months or more, and lets the owner keep up to 30% of any excess above that rate for administration. § 308.7 requires the owner to post, annually, where the deposits are held and what the prevailing rate was for each six-month period. Ask for it expressly: it is routinely forgotten and is owed on top of the deposit itself.§ 309.1, § 309.5

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

The landlord charges you for ordinary wear and tear

high likelihood

The landlord bills you for repainting, carpet cleaning, or "making good" the unit, treating ordinary deterioration as damage.

What answers it

the District of Columbia does not allow a deposit to be applied to normal wear and tear. D.C. Code § 42-3502.17(c)(1): "No housing provider shall withhold a security deposit for the replacement value of apartment items that are damaged due to ordinary wear and tear." Subsection (c)(3) defines ordinary wear and tear to include age-related breakage or malfunction, excluding damage from the tenant's negligence, carelessness, accident or abuse. Subsection (c)(2) provides that a lease repair covenant does not oblige the tenant to make substantial repairs, replace obsolete materials, or fix defects not of the tenant's making. Ask the landlord to identify, item by item, what exceeds that standard, and to produce the move-in condition record that shows the item was not already worn when you took possession.

D.C. Code § 42-3502.17 — § 42-3502.17

"The carpet/paint had to be replaced"

high likelihood

The landlord charges the full cost of a new carpet, new paint or a new appliance against your deposit.

What answers it

A tenant is not liable for the full replacement cost of an item that was already part-way through its useful life. The recoverable figure is the depreciated value of the remaining life, not a new-for-old replacement. Ask for the installation date and the invoice; carpet is conventionally depreciated over five to ten years and interior paint over two to four. A landlord who cannot date the item cannot prove the loss, and in a deposit case the landlord carries the burden.

14 DCMR § 309 — § 309.1, § 309.5

"We never received a forwarding address"

high likelihood

The landlord says it could not return the deposit because it did not know where to send it.

What answers it

Produce the written record — the email, the text, the certified-mail receipt, the notice-to-vacate that carried the address, or the change-of-address confirmation from the postal service. A landlord who received the address and did nothing cannot rely on this. If the address genuinely was never given, give it now in writing: in most states that starts the clock rather than ending the claim.

14 DCMR § 309 — § 309.1, § 309.5

"We sent you the itemisation"

high likelihood

The landlord asserts it posted the itemised statement inside the statutory window and that you simply did not receive it.

What answers it

Ask for proof of despatch, not proof of intention: the certificate of mailing, the certified-mail receipt, the tracking number, or the timestamped email. Most deposit statutes require the statement to be sent within the period, and the landlord bears the burden of showing it did so. An unevidenced assertion that a letter was posted is not evidence that it was.

14 DCMR § 309 — § 309.1, § 309.5

"We had to have the unit professionally cleaned"

high likelihood

A flat "cleaning fee" is deducted whether or not the unit was left dirty.

What answers it

A standing cleaning charge applied to every tenant is not a loss caused by you and is not a permitted deduction. The landlord must show the unit was left less clean than it was at move-in and must produce the invoice for the work actually done. Compare the move-in and move-out condition records; where the landlord did not make a move-in record, it has little with which to prove the difference.

14 DCMR § 309 — § 309.1, § 309.5

You were given no notice of the move-out inspection

high likelihood

The landlord relies on an inspection you were not invited to.

What answers it

14 DCMR § 310.4 requires written notice of the time and date of the inspection at least ten days beforehand, and § 310.1 confines the inspection to within three days, excluding weekends and holidays, before or after the end of the tenancy. An inspection outside that window, or with no notice, is not the inspection the regulation contemplates.

14 DCMR § 309 — § 309.1, § 309.5

"You broke the lease, so we keep the deposit"

medium likelihood

The landlord treats an early departure as forfeiting the deposit outright.

What answers it

A deposit is security for actual loss, not a penalty. Breaking a lease may make you liable for rent until the unit is re-let, but the landlord must mitigate, must itemise what it actually lost, and must still account for the deposit within the statutory period. A blanket forfeiture clause does not survive: deposit statutes are generally non-waivable, so a lease term purporting to let the landlord keep the money regardless is unenforceable.

14 DCMR § 309 — § 309.1, § 309.5

No notice of where the deposit was held

medium likelihood

The landlord will not say which account holds your money.

What answers it

14 DCMR § 308.3 requires deposits to be held in an interest-bearing escrow account in an insured District financial institution held solely for that purpose, and § 308.7 requires the owner to post annually in the lobby or rental office where they are held and what the prevailing rate was for each six-month period. A landlord that cannot answer has breached the regulation independently of the accounting.

14 DCMR § 309 — § 309.1, § 309.5

Where to take it next

  1. Written demand to the landlordSend a dated letter that quotes 14 DCMR § 309, states the date the statutory clock started and the date it expired, sets out the sum claimed, and gives a deadline of 14 days. Send it by a method that produces proof of despatch. Most deposits come back at this stage, because the letter shows the landlord you know the deadline it missed.Claim directtypically 14 days
  2. DC Office of Administrative HearingsOAH adjudicates security-deposit and unpaid-interest complaints under 14 DCMR §§ 308–311 free of charge, with attorney's fees available to the prevailing party under D.C. Code § 42-3509.02. For most DC tenants this is a better first move than Small Claims.Alternative dispute resolutiontypically 60 daysofficial page
  3. the District of Columbia Small Claims and Conciliation Branch, Superior Court of the District of ColumbiaBinding on themThe claim limit is USD 10,000. D.C. Code § 42-3502.17(b) also gives the Office of Administrative Hearings jurisdiction over non-return and unpaid-interest complaints, which is free and often faster than court. Bring the lease, the deposit receipt, your move-in and move-out photographs, the forwarding-address proof and your demand letter.Small claimstypically 90 daysofficial page

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNationalAlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANationalBosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowCzechia — jistota / kauce (Občanský zákoník § 2254)CZNationalCzechiaObčanský zákoník (89/2012 Sb.), § 2254Confidence: high

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.