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What D.C. Landlords Should Know Before Withholding a Security Deposit: Recent Changes to the Law

Posted by Alfredo Vasquez | Oct 07, 2026 | 0 Comments

The D.C. Council recently enacted the Fair Housing Practices Amendment Act of 2026, which changes D.C. security deposit law for landlords in Washington, DC. The Act took effect on August 14, 2026. It codified the deadlines for landlords to return the security deposit, and added new requirements landlords must meet before withholding the security deposit and sending the tenant's account to collections.

A landlord's notice of intent to withhold the security deposit must now include supporting documentation and give the tenant a chance to dispute. The landlord must also keep proof that the notice was served for at least 60 days before sending any balance to a debt collector.

What remains the same under D.C. security deposit law?

The Act did not change previous deadlines. Within 45 days after a tenancy ends, a landlord holding a security deposit must either return the deposit with interest or notify the tenant in writing that it intends to withhold the deposit to cover expenses properly incurred under the lease agreement.

Within 30 days after the withholding notice, the landlord must refund any balance with interest and give the tenant an itemized statement of each repair or other use and its cost.

A landlord's failure to meet these deadlines is prima facie evidence that the tenant is entitled to the full deposit with interest.

What changed: new security deposit rules for D.C. landlords

The Act sets out four new additional requirements landlords must meet:

  1. Request a forwarding address. When a tenancy ends, the landlord must ask a departing tenant for a forwarding mailing address or email address.
  2. Give written notice of unpaid amounts within 45 days. Within 45 days after the tenancy ends, the landlord must notify the tenant in writing of any alleged unpaid amounts due under the lease. The notice may be delivered personally, by email, or by certified mail to the forwarding address. The notice must also include photographs or other documentation supporting the claim, a statement that the tenant has the right to dispute the amounts, and the landlord's contact information.
  3. Allow 30 days for disputes, and respond within 10. The tenant has 30 calendar days after the notice is served to dispute the amounts. The tenant may send evidence that an amount is inaccurate or was incorrectly attributed to the tenant. The landlord must respond in writing within 10 days after receiving that information.
  4. Document service before referring to collections. The landlord must keep documentation that the tenant was served with the notice for at least 60 days before sending the unpaid amount to a debt collector. In practice, at least 60 days must pass between service of the notice and any referral to a debt collector.

What can a D.C. landlord deduct from a security deposit beyond ordinary wear and tear?

According to the Act, the landlord can use the security deposit to cover any alleged unpaid amounts due to the landlord pursuant to the terms of the lease agreement, which may include unpaid rent, damage to the unit beyond ordinary wear and tear, and charges for removing furnishings and items the tenant left behind.

Why documentation matters in a security deposit dispute

Before the Act, landlords were only required to send a written notice to the tenant of their intent to withhold. Now, landlords must attach photographs, invoices, or other documentation to support their claims to the deposit, and keep records that the notice was served and any responses from the tenant. A landlord who photographs the unit at move-in and move-out, keeps copies of every notice, and tracks each deadline will be better positioned if a former tenant disputes the withholding of the security deposit.

Practical steps for D.C. landlords returning or withholding a security deposit

  • Ask every departing tenant for a forwarding mailing address AND email address.
  • Send the written notice of unpaid amounts within 45 days of the end of each tenancy. Calendar the deadline, and include photographs or other documentation and the dispute statement.
  • Calendar the separate 45-day deadline to return the security deposit or serve notice of intent to withhold it, personally or by certified mail.
  • Answer a tenant's dispute in writing within 10 days of receiving it.
  • Keep proof of service, and wait at least 60 days after service before sending any balance to a debt collector.
  • Photograph units at move-in and move-out, and keep the photos in the tenant file.

How We Can Help

The Law Office of Alfredo Vasquez helps D.C. landlords comply with security deposit law and post-tenancy notice requirements. Contact our Washington, DC landlord-tenant attorney to schedule a consultation.

This post is for general informational purposes and does not constitute legal advice.

About the Author

Alfredo Vasquez

Alfredo Vasquez is an experienced civil attorney licensed in Washington, D.C. and Virginia.  Born and raised in Peru, Alfredo is a fully bilingual lawyer in English and Spanish. He has experience working closely with clients from a wide range of backgrounds. His pragmatic approach and determined...

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