Two layers of law
D.C. Code § 42-3502.17 sends deposits to the Security Deposit Act and its regulations at 14 DCMR §§ 308–311. It also adds its own protections and lets the Office of Administrative Hearings decide complaints about unreturned deposits and unpaid deposit interest (§ 42-3502.17(a)–(b)). For tenants in a unit since July 17, 1985 who never paid a deposit, no deposit may now be demanded, except in newly built or certain exempt units.
Cap and interest
The D.C. Office of the Tenant Advocate's Tenant Bill of Rights states that the deposit may not exceed one month's rent (14 DCMR 308.2). It also says the deposit must be held in an interest-bearing escrow account and returned with interest. We cite the Tenant Advocate's summary because we have not separately read the regulation text.
What ordinary wear and tear means
A housing provider may not withhold any deposit for the replacement value of items damaged by ordinary wear and tear. The Code defines it as deterioration from intended use, including breakage or malfunction due to age or deteriorated condition. It excludes negligence, carelessness, accident or abuse by you, family or guests. A lease promise to leave the unit "in good repair" does not oblige you to make substantial repairs or replace obsolete materials that failed without your fault (§ 42-3502.17(c)).
45 days, documentation, and a 30-day dispute
At the end of the tenancy, the housing provider must ask for a forwarding mailing or email address. Within 45 days after termination, it must notify you in writing, personally, by email or by certified mail, of any claimed unpaid amounts: rent arrears, damage beyond ordinary wear and tear, or the cost of removing items you left. The notice must include photographs or other documentation, a statement of your right to dispute, and contact information. You then have 30 calendar days to dispute with evidence, and the housing provider must respond in writing within 10 days. It must keep proof of the notice for at least 60 days before sending any amount to a debt collector (§ 42-3502.17(e), as amended by D.C. Law 26-156 in 2026).
Our calculator counts 45 days.
Steps to recover a D.C. deposit
- Give a forwarding mailing and email address when asked.
- Photograph the unit at move-out.
- If you get a notice of claimed amounts, dispute it with evidence within 30 days.
- Ask for the interest owed with the refund.
- File a complaint with the Office of Administrative Hearings, or a claim in small claims court.
Neighboring states
Maryland has a one-month cap, interest and up to 3×. Virginia allows two months with 45 days.
Frequently asked questions
What is the maximum security deposit in D.C.?
One month's rent, according to the D.C. Office of the Tenant Advocate (14 DCMR 308.2).
Do D.C. housing providers pay interest?
Yes. The deposit is held in an interest-bearing escrow account and returned with interest.
How long does a D.C. housing provider have to act?
45 days after the tenancy ends to refund or send written notice of claimed amounts with documentation.
Can I dispute deductions in D.C.?
Yes. You have 30 calendar days after the notice, and the housing provider must respond within 10 days.
Sources
- D.C. Code § 42-3502.17 (D.C. Council Code)
- D.C. Office of the Tenant Advocate — Tenant Bill of Rights
- D.C. DHCD decision RH-TP-13-30,448 (2016), quoting 14 DCMR 309.5
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.