14 DCMR § 14-304
PROHIBITED WAIVER CLAUSES IN LEASE AGREEMENTS
Operative Text
304.1 Any provision of any lease or agreement contrary to, or providing for a waiver of, the terms of this chapter, or § 101 or § 106 of chapter 1, shall be void and unenforceable. 304.2 No person shall cause any of the provisions prohibited by this section to be included in a lease or agreement respecting the use of the property in the District of Columbia, or demand that any person sign a lease or agreement containing any such provision. 304.3 No owner shall cause to be placed in a lease or rental agreement any provision exempting the owner or premises from liability or limiting the liability of the owner or the residential premises from damages for injuries to persons or property caused by or resulting from the negligence of the owner (or the owner’s agents, servants, or employees) in the operation, care, or maintenance of the leased premises, or any facility upon or portion of the property of which the leased premises are a part. 304.4 No owner shall place (or cause to be placed) in a lease or rental agreement a provision waiving the right of a tenant of residential premises to a jury trial, or requiring that the tenant pay the owner’s court costs or legal fees, or authorizing a person other than the tenant to confess judgment against a tenant. This subsection shall not preclude a court from assessing court or legal fees against a tenant in appropriate circumstances. 304.5 The provisions of this section shall not be subject to any notice requirement of this subtitle.
Under D.C. Mun. Regs. tit. 14 et seq. § 14-304, certain lease clauses are declared void and unenforceable in the District of Columbia regardless of whether both parties signed them. These include provisions that waive tenant protections established elsewhere in the chapter, clauses that shield landlords from liability for their own negligence, and terms that strip tenants of jury-trial rights, impose the owner's legal fees on tenants, or allow a third party to confess judgment against a tenant. The rule also bars anyone from inserting such clauses into a lease or pressuring another person to sign a lease containing them.
Plain English — not legal advice.
Property owners and managers operating under D.C. Mun. Regs. tit. 14 et seq. § 14-304 generally review all lease templates to confirm they contain none of the prohibited clauses — including liability waivers for owner negligence, jury-trial waivers, mandatory fee-shifting provisions favoring the owner, and confession-of-judgment clauses. A compliant operator does not present, demand, or cause another party to include such terms in any lease or rental agreement covering District of Columbia property. Because any prohibited clause is automatically void, its presence in a signed lease does not make it enforceable, but including it may itself constitute a violation of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in the District of Columbia are protected by D.C. Mun. Regs. tit. 14 et seq. § 14-304, which renders certain lease terms unenforceable even if a tenant has already signed a lease containing them — meaning a landlord cannot rely on such clauses to limit liability for negligence, waive a tenant's right to a jury trial, or shift the landlord's legal costs onto the tenant. If a tenant believes a lease contains one of these prohibited provisions, they may raise the clause's invalidity as a defense in any proceeding where the landlord attempts to enforce it. Tenants can also seek information about their rights through the D.C. Office of the Tenant Advocate or a local tenant-rights organization.
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.
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