| Frequently Asked Questions About Security Deposits for Residential Rentals |
|
by: D.C. Bar Pro Bono Program
|
| Q. | What amount may my landlord charge for a security deposit? |
 |
| A. | The landlord may not charge more than the amount of one month's rent, and it may be charged only once. |
|
| Q. | Is my landlord required to hold the money in a special account? |
|
| A. | Your landlord must hold the deposit in an interest bearing account in a financial institution in the District of Columbia. The account must be for the sole purpose of holding security deposits. Your landlord can use the same account for more than one building. If you rent the unit for at least twelve months, the landlord is required to pay you the interest accruing on the security deposit, subject to any lawful deductions. The interest rate is adjusted every six months (on January 1st and July 1st) to the passbook rate at the bank where the account is held. |
|
| Q. | After I move out of my unit, how much time does my landlord have to return the deposit? |
|
| A. |
- Your landlord has 45 days to either return the deposit with interest, or notify you in writing that she plans to withhold the deposit and apply it toward the cost of expenses you are responsible for, such as repairing damage you caused to the property.
- Note: Your landlord only has to pay interest on your security deposit if you lived in the unit for one year or more.
|
|
| Q. | What happens if the landlord chooses to keep some or all of the security deposit? |
|
| A. |
- If your landlord withholds the security deposit to cover costs for which you are responsible, she must give you written notice, delivered personally or by certified mail.
- Within 30 days after this notice, your landlord must provide a detailed statement of the repairs and other uses to which the deposit applied, with the cost of each item.
|
|
| Q. | Can my landlord be penalized for not returning the deposit and/or failure to provide notice? |
|
| A. |
- If your landlord does not return the deposit or provide the proper notices, that failure means the landlord must prove that you are not entitled to full return of the deposit and interest.
- If your landlord's failure to return the deposit or provide the proper notices was in bad faith, the landlord may be required to pay you triple the amount of the security deposit.
|
|
| Q. | How can I recover my security deposit if my landlord improperly withholds it? |
|
| A. |
- You may file a lawsuit, usually in small claims court, to try and force the landlord to return the proper amount.
- Click here for a claim form you can file in small claims court to try to get back your security deposit.
|
|
| Q. | What can my landlord do if the damage to my apartment was more than the amount of my security deposit? |
|
| A. | The landlord can sue you, usually in small claims court, to try to get a judgment for any damages that are greater than the amount of your security deposit. |
|
