What District of Columbia requires
- When the tenancy ends, the housing provider asks the tenant for a forwarding mailing address or e-mail address for the notices about the depositD.C. Code s. 42-3502.17 (e) (1)
- Within 45 days after the tenancy ends, the housing provider notifies the tenant in writing, in person, by e-mail or by certified mail to the forwarding address, of any amounts claimed: unpaid rent, damage beyond ordinary wear and tear, or the cost of removing furnishings and items the tenant leftD.C. Code s. 42-3502.17 (e) (2) (A) · D.C. Office of the Tenant Advocate, Tenant Bill of Rights (Form OTA 2026.09.25), item 4
- The notice includes photographs or other documentation supporting each amount claimed, a statement of the tenant's right to dispute it, and the housing provider's contact informationD.C. Code s. 42-3502.17 (e) (2) (B)
- The tenant has 30 calendar days after the notice is served to dispute the amounts, with any evidence that an amount is wrong or wrongly attributed; the housing provider answers in writing within 10 days of receiving itD.C. Code s. 42-3502.17 (e) (3)
- Within 30 days after that initial notice, the housing provider returns the balance of the security depositD.C. Office of the Tenant Advocate, Tenant Bill of Rights (Form OTA 2026.09.25), item 4 (citing 14 DCMR 308-311)
- No part of the deposit may be kept for items damaged by ordinary wear and tear, meaning deterioration from the intended use of the unit, including breakage or malfunction due to age; deterioration from negligence, carelessness, accident or abuse by the tenant, family or guests is not wear and tearD.C. Code s. 42-3502.17 (c) (1) and (3) · D.C. Office of the Tenant Advocate, Tenant Bill of Rights (Form OTA 2026.09.25), item 4
- A lease promise to leave the premises in good repair does not oblige the tenant to make substantial repairs, replace obsolete materials, or fix defects that are not the tenant's faultD.C. Code s. 42-3502.17 (c) (2)
- The housing provider keeps proof that the tenant was served with the notice for at least 60 days before sending any unpaid amount to a debt collectorD.C. Code s. 42-3502.17 (e) (4)
The 45-day notice of amounts claimed
When the tenancy ends, the housing provider asks the tenant for a forwarding mailing address or e-mail address. Within 45 days, it notifies the tenant in writing, in person, by e-mail or by certified mail, of any amounts claimed: unpaid rent, damage beyond ordinary wear and tear, or the cost of removing furnishings and items the tenant left behind.
The notice must include photographs or other documentation supporting the claim, a statement of the tenant's right to dispute it, and the housing provider's contact information. These requirements were added to the D.C. Code by D.C. Law 26-156, effective August 14, 2026.
Disputes and the balance
The tenant has 30 calendar days after the notice is served to dispute it, with any evidence that an amount is wrong or wrongly attributed, and the housing provider answers in writing within 10 days. According to the Tenant Bill of Rights, the balance of the deposit is returned within 30 days following the initial notice.
Before sending an unpaid amount to a debt collector, the housing provider keeps proof that the tenant was served for at least 60 days.
Ordinary wear and tear
No part of the deposit may be kept for items damaged by ordinary wear and tear. The Code defines it broadly: deterioration from the intended use of the unit, including breakage or malfunction due to age or deteriorated condition. Deterioration from negligence, carelessness, an accident or abuse by the tenant, their family or guests is not wear and tear.
A lease promise to leave the unit in good repair does not oblige the tenant to make substantial repairs, replace obsolete materials, or fix defects that are not their fault.
From walkthrough notes to a finished District report
Photograph each room at move-in and again at move-out, and note any damage with what caused it if you know. ReportDraft writes the notes up room by room with the photos placed under their rooms, describes each damaged item so it can be listed on the notice, keeps age-related wear apart from damage, and leaves lines for the housing provider and the tenant to sign.
Kept together, the two reports give the notice the documentation the law now asks for.
Common mistakes
- Sending a notice of amounts claimed with no photographs or other documentation.
- Missing the 45 days after the tenancy ends.
- Leaving out the statement of the tenant's right to dispute, or the contact information.
- Charging for breakage or malfunction due to age, which the Code counts as ordinary wear and tear.
- Not asking the departing tenant for a forwarding mailing or e-mail address.
Sources
- D.C. Code s. 42-3502.17 (e) (1), checked October 10, 2026
- D.C. Code s. 42-3502.17 (e) (2) (A), checked October 10, 2026
- D.C. Office of the Tenant Advocate, Tenant Bill of Rights (Form OTA 2026.09.25), item 4, checked October 10, 2026
- D.C. Code s. 42-3502.17 (e) (2) (B), checked October 10, 2026
- D.C. Code s. 42-3502.17 (e) (3), checked October 10, 2026
- D.C. Office of the Tenant Advocate, Tenant Bill of Rights (Form OTA 2026.09.25), item 4 (citing 14 DCMR 308-311), checked October 10, 2026
- D.C. Code s. 42-3502.17 (c) (1) and (3), checked October 10, 2026
- D.C. Code s. 42-3502.17 (c) (2), checked October 10, 2026
- D.C. Code s. 42-3502.17 (e) (4), checked October 10, 2026
Last reviewed October 10, 2026. Next review due January 10, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.