14 DCMR § 14-301
IMPLIED WARRANTY AND OTHER REMEDIES
Operative Text
301.1 There shall be deemed to be included in the terms of any lease or rental agreement covering a habitation an implied warranty that the owner will maintain the premises in compliance with this subtitle. 301.2 The rights, remedies, and duties set forth in this chapter shall not be deemed to be exclusive of one another unless expressly so declared or to preclude a court of law from determining that practices, acts, lease provisions and other matters not specifically dealt with in this chapter are contrary to public policy or unconscionable or otherwise unlawful. 301.3 A landlord, its agent, or other person entitled to receive rent for a habitation shall not charge a fee to a prospective tenant before move-in, a tenant during a tenancy, or a former tenant after move-out for services required of the landlord to maintain the habitation in a condition consistent with the implied warranty provided by § 301.1, including Title 12 of the District of Columbia Municipal Regulations, or any substantially similar subsequent regulations. 301.4 A landlord, its agent, or other person entitled to receive rent for a habitation shall not charge a tenant or former tenant a fee, or withhold monies from a security deposit in accordance with § 309.1(2), for professional cleaning or for other expenses incurred due to damage to the habitation resulting from ordinary wear and tear, as defined in D.C. Official Code § 42-3502.17(c)(3).
Under D.C. Mun. Regs. tit. 14 et seq. § 14-301, every residential lease or rental agreement in the District of Columbia automatically includes an implied warranty that the owner will keep the premises in compliance with applicable housing regulations. Landlords are prohibited from charging prospective, current, or former tenants any fee for services the landlord is already required to perform to meet this implied warranty. Additionally, landlords may not charge tenants or deduct from security deposits for professional cleaning or other costs attributable to ordinary wear and tear.
Plain English — not legal advice.
D.C. Mun. Regs. tit. 14 et seq. § 14-301 establishes that compliant operators absorb the costs of maintaining habitations in accordance with the implied warranty of habitability — those costs cannot be passed to tenants through move-in, mid-tenancy, or move-out fees. Operators also refrain from billing tenants or making security deposit deductions for professional cleaning or repairs that stem from ordinary wear and tear, as that term is defined under D.C. law. Keeping detailed maintenance records and clearly distinguishing between tenant-caused damage and normal wear and tear is a practice commonly associated with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Mun. Regs. tit. 14 et seq. § 14-301 gives tenants an implied warranty of habitability built into every lease, meaning landlords are legally obligated to maintain the property to code regardless of what a lease may say. If a landlord charges fees for services required to meet that warranty, or improperly withholds security deposit funds for ordinary wear and tear, tenants may have grounds to contest those charges — including raising the violation as a defense in court or filing a complaint with a relevant District agency. Tenant-rights organizations in the District of Columbia can help explain what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation