DC Security Deposit Deductions: The Withholding Notice and the Itemized Statement

By the FigureMyTax Editorial Team · How we calculate

DC does not list allowed deductions; it requires expenses properly incurred under the lease, a withholding notice within 45 days and an itemized statement with the balance within 30 more. Here is how each step works.

What can a DC landlord withhold from a deposit?

Only to defray expenses properly incurred under the terms and conditions of the security deposit provisions of the lease, which the owner must itemize with the dollar amount of each (14 DCMR 309). The regulation does not give a list of items; what is proper depends on the lease and on what actually happened to the unit. The deposit deadline calculator shows when the notice and the balance are due.

What must the withholding notice say?

That the owner intends to withhold and apply part of the deposit to expenses properly incurred under the lease, delivered personally or by certified mail to the last known address within 45 days after the tenancy ends, with a copy of the interest rate chart (309.1, 309.2). Within 30 days after the notice, a second mailing carries the refund of the balance with interest not used and an itemized statement of the work and the cost.

Can the landlord charge for wear and tear?

The regulation we read does not list wear and tear, but it limits withholding to expenses properly incurred under the lease. Ordinary wear is generally not a proper expense; if you are charged for it, say so in writing. Photographs from move-in and move-out are the best evidence either way.

Can the landlord keep the deposit for unpaid rent?

A landlord may apply a deposit to expenses properly incurred under the lease, which can include unpaid rent, but the notice and statement requirements still apply, and a landlord who does not follow them risks losing the right to withhold.

What if the tenant disagrees?

Tell the landlord in writing which items you dispute and why, keep a copy and send it by a method that gives you proof of the date. If the landlord does not return what it owes, the failure to follow 309.1 and 309.2 is prima facie evidence that you are entitled to the full deposit and interest. The Office of the Tenant Advocate can explain the next step.

What records should each side keep?

The lease, the receipt for the deposit, the move-in and move-out photographs, estimates or receipts for any repair, the interest chart, the withholding notice with proof of mailing and the final statement. See the DC escrow and interest rules.

A checklist for landlords

Send the withholding notice personally or by certified mail within 45 days; say that you intend to withhold for expenses properly incurred under the lease; keep estimates and receipts; send the balance with interest and the itemized statement within 30 days after the notice; and keep proof of every mailing.

A checklist for tenants

Photograph the unit at move-in and move-out; ask for the itemized statement if it does not arrive; compare each charge with the lease; and tell the landlord in writing which items you dispute and why.

Keep the documents together

A deposit file is the lease, the receipt for the deposit, the interest chart, the move-in and move-out photographs, any estimate or receipt for a repair, the withholding notice with proof of mailing and the itemized statement. Keep them together, because the case turns on what each side can show.

Frequently asked questions

Official sources

• 14 DCMR 309: repayment of security deposits
• D.C. Code 42-3502.17: security deposits

This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.