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Security deposit law in District of Columbia

Based on 14 DCMR § 309 · Verified 2026-09-25

Last updated: September 2026Researched by DepositHawk Research Team
45 days (75 days if the landlord gives written notice that it will withhold part of the deposit)
to return your deposit after move-out

District of Columbia tenants can recover up to 3x the wrongfully withheld deposit amount in penalties under 14 DCMR § 309.

Under 14 DCMR § 309, landlords in District of Columbia must return security deposits within 45 days (75 days if the landlord gives written notice that it will withhold part of the deposit) of move-out. Landlords must provide an itemized statement of deductions within 45 days.

Source: 14 DCMR § 309. Verified 2026-09-25.

District of Columbia security deposit at a glance

Return deadline
45 days (75 days if the landlord gives written notice that it will withhold part of the deposit) after move-out
Penalty for late return
3x the withheld amount
Statute
14 DCMR § 309
Max deposit
1 month's rent
Itemized statement required
Yes (within 45 days)
Walk-through required
No
Interest on deposit
Conditional (rate varies)
Small claims limit
$10,000
Filing fee
$10
Statute of limitations
3 years

Your rights under 14 DCMR § 309

In the District of Columbia, a landlord must return a tenant's full security deposit within 45 days of move-out or explain every deduction in writing. Under 14 DCMR § 309, a landlord who misses that window owes up to 3x the wrongfully withheld amount.

Under 14 DCMR § 309, landlords in District of Columbia must return a tenant's security deposit — or the balance after lawful deductions — within 45 days (75 days if the landlord gives written notice that it will withhold part of the deposit) after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 45 days. Failure to provide this statement is independently actionable.

If a landlord fails to return the deposit within 45 days (75 days if the landlord gives written notice that it will withhold part of the deposit), District of Columbia law provides for 3x the wrongfully withheld amount as damages.

District of Columbia requires landlords to pay interest on security deposits. The current rate is approximately set annually by the state. Interest must be paid when the deposit is returned. Interest is owed only on a tenancy of 12 months or more (14 DCMR § 311.2). If your tenancy meets that condition, the interest runs on the full deposit for the whole time it is held.

What District of Columbia landlords can — and can't — deduct

Landlords in the District of Columbia may deduct for unpaid rent or documented damage, but cannot charge tenants for normal wear and tear like faded paint or minor scuffs. Every deduction must be itemized within 45 days, or the landlord risks up to 3x the wrongfully withheld amount.

If your landlord charged you for anything in the right-hand column, you have grounds to dispute it under 14 DCMR § 309. The normal wear and tear guide has more examples.

Can deduct

  • Unpaid rent
  • Damage beyond normal wear and tear
  • Cleaning if lease requires and unit was left dirty
  • Lease-break fees if specified in lease
  • Costs to replace items tenant removed or kept

Permissible under District of Columbia law when properly documented.

Cannot deduct — illegal

  • Normal wear and tear (minor scuffs, small nail holes, faded paint)
  • Carpet replacement after useful life (typically 7-10 years)
  • Painting after 2+ year tenancy (normal wear)
  • Pre-existing damage not noted at move-in
  • Upgrades or improvements beyond restoring to original condition
  • Costs to fix landlord deferred maintenance

Not a valid deduction — challenge it.

Small claims court in District of Columbia

In the District of Columbia, a tenant can sue for a wrongfully withheld deposit in small claims court, where the limit is $10,000. Filing there costs about $10, and a landlord who lets 45 days pass risks up to 3x the wrongfully withheld amount.

Court
Superior Court, Small Claims and Conciliation Branch
Claim limit
$10,000
Filing fee
$10

District of Columbia's small claims limit is $10,000, and filing a case there costs about $10.

If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.

Frequently asked questions

How long does my landlord have to return my deposit in District of Columbia?

Under 14 DCMR § 309, landlords in District of Columbia must return the security deposit within 45 days (75 days if the landlord gives written notice that it will withhold part of the deposit) after the tenancy ends. They must also provide an itemized statement of any deductions within 45 days.

What happens if my District of Columbia landlord doesn't return my deposit on time?

If a landlord fails to return the deposit within 45 days (75 days if the landlord gives written notice that it will withhold part of the deposit), District of Columbia law provides for 3x the wrongfully withheld amount as damages. You can send a formal demand letter and, if ignored, file in Superior Court, Small Claims and Conciliation Branch without an attorney.

Can my landlord deduct for normal wear and tear in District of Columbia?

No. Under 14 DCMR § 309, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in District of Columbia. Only damage beyond normal wear and tear is a valid deduction.

How do I file a small claims case for my security deposit in District of Columbia?

File in Superior Court, Small Claims and Conciliation Branch in the county where the rental property is located. Filing costs about $10, and District of Columbia's small claims limit is $10,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.

My landlord isn't responding to calls or texts — now what?

Put it in writing. A demand letter citing 14 DCMR § 309 names the deadline your landlord was under and the penalty the statute allows, and gives them a specific date to respond by. Sent by certified mail, it also creates a record of the date it went out and the address it reached — the kind of documentation Superior Court, Small Claims and Conciliation Branch expects if the dispute goes that far.

What your letter looks like

A District of Columbia demand letter opens like this

Every letter cites 14 DCMR § 309 and calculates the amounts from your own numbers. This sample uses a $1,750 deposit with $300 returned.

September 26, 2026
 
Greenfield Property Management
 
 
Re: Security Deposit Demand — 742 Oak Street, Apt 4B, District of Columbia
Tenant: Jane Martinez
Move-Out Date: February 1, 2026
 
Dear Greenfield Property Management,
 
I am writing as your former tenant at 742 Oak Street, Apt 4B, District of Columbia to formally demand the return of my security deposit. This letter constitutes a formal demand under DC Code (14 DCMR § 309).
 
DEPOSIT SUMMARY

The rest is written from your numbers

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Researching a specific landlord? Check the DepositHawk landlord ratings database — search by name or property management company to see deposit return history.

Ready to mail your letter? Send it by certified mail so you have proof of the date it went out and the date it arrived. Already wrote your own? Run it through the free letter checker before you send it. Still building your evidence file? The move-out photo checklist covers exactly what to document before you hand back the keys. If your landlord ignores the letter, the District of Columbia small claims guide walks through filing without a lawyer. For the whole process in one place, read what to do when a landlord won't return your deposit. A chatbot can draft a letter like this one, but it can't mail it by certified mail or search your landlord's eviction-filing history — DepositHawk does both.

More District of Columbia Guides

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DepositHawk is not a law firm and does not provide legal advice. This information is based on 14 DCMR § 309 as of 2026. Laws change. Verify current statutes at your state legislature's website. Consult a licensed attorney for advice specific to your situation.

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