District of Columbia Security Deposit Deductions
In District of Columbia, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 45 days. The statute defines ordinary wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Statutory definition of wear and tear
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.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | A housing provider shall not withhold a security deposit for the replacement value of apartment items that are damaged due to ordinary wear and tear. 14 DCMR 309 still governs the 45-day return/itemization mechanics (repairs and other uses under the security-deposit agreement). Ordinary cleaning is not an independent authorized category in § 42-3502.17(e). (D.C. Code § 42-3502.17(c)(1); 14 DCMR § 309) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311). (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311). (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311). (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311). (D.C. Code § 42-3502.17; 14 DCMR §§ 308-311) |
| Unpaid rent and fees | Yes | Within 45 days after termination the housing provider may notify the tenant of alleged unpaid amounts which may include unpaid rent arrearages, damage beyond ordinary wear and tear, or charges for removing furnishings and items left at move-out. (D.C. Code § 42-3502.17(e)(2)(A)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 45 days |
| Receipts required | Conditional |
| Rule | 14 DCMR § 309: within 45 days tender the deposit and interest or notify of intent to withhold; then within 30 days after that notice, tender the balance with an itemized statement of repairs and other uses and the cost of each. D.C. Code § 42-3502.17(e): within 45 days notify of alleged unpaid amounts, including photographs or other documentation. Tenant has 30 days to dispute. |
| Citation | D.C. Code § 42-3502.17(e); 14 DCMR § 309 |
Burden of proof
No statutory burden-of-proof sentence. OAH may adjudicate non-return and interest complaints (D.C. Code § 42-3502.17(b)). Photographs or other documentation must support a claim under § 42-3502.17(e)(2)(B).
Statute says
which may include: (i) Unpaid rent arrearages; (ii) Damage to the rental unit beyond the standards of ordinary wear and tear as defined in subsection (c)(3) of this section; or (iii) Charges ... for removing furnishings
What this means
Source accessed: .
If it was deducted anyway
Use the District of Columbia demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free District of Columbia template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under District of Columbia law (D.C. Code § 42-3502.17), a landlord must return the deposit or respond in writing within [45 calendar days / 30 calendar days, see the note above] after [the event listed in the note above].
FAQ
What security deposit deductions are allowed in District of Columbia?
Only the uses in the supplied District of Columbia record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a District of Columbia landlord have to itemize deductions?
Yes. 14 DCMR § 309: within 45 days tender the deposit and interest or notify of intent to withhold; then within 30 days after that notice, tender the balance with an itemized statement of repairs and other uses and the cost of each. D.C. Code § 42-3502.17(e): within 45 days notify of alleged unpaid amounts, including photographs or other documentation. Tenant has 30 days to dispute.
Who has the burden of proof for a District of Columbia deduction?
No statutory burden-of-proof sentence. OAH may adjudicate non-return and interest complaints (D.C. Code § 42-3502.17(b)). Photographs or other documentation must support a claim under § 42-3502.17(e)(2)(B).