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Landlord repairs in District of Columbia

Source: D.C. Housing Regulations, 14 DCMR §§ 106, 301, 400–999; D.C. Code §§ 8-241.04 (mold), 42-3505.02 (retaliation); Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970) · Checked against the statute

Time to repair
A reasonable time
Repair and deduct
Not addressed by state law
Withhold rent
Allowed with limits
End the lease
Not addressed by state law

District of Columbia repair deadline

Choose the state and the date the landlord got your request.

The landlord's duty to repair

The landlord must make sure the unit and all common areas are safe and sanitary from the first day of the tenancy (the 'warranty of habitability') and keep them in compliance with the D.C. housing code, including keeping the premises safe, secure and free of rodents and pests, keeping the structure and facilities in good repair, and providing adequate heat, lighting and ventilation (Office of the Tenant Advocate, citing 14 DCMR §§ 106, 301 and 400–999). The warranty comes from the housing regulations and the court decision in Javins v. First National Realty (1970). (14 DCMR §§ 301, 400–999; D.C. Tenant Bill of Rights § 6)

District of Columbia law names these:

  • safe and secure premises
  • freedom from rodents and pests
  • structure and building facilities in good repair
  • adequate heat
  • adequate lighting
  • adequate ventilation
  • mold inspection and remediation after written notice

Telling the landlord

No statute requires a particular form of repair notice. Retaliation protection attaches to a witnessed oral or written repair request (D.C. Code § 42-3505.02(b)(1)), and mold duties start on written or electronic notice (§ 8-241.04). Legal Aid DC advises asking in writing (e-mail or text is fine) with photos and keeping copies; LawHelp DC advises written notice before stopping rent. (D.C. Code §§ 42-3505.02(b), 8-241.04; Legal Aid DC, Housing Conditions Handbook (Sept. 2026))

How long the landlord has

D.C. law sets no general repair deadline; repairs must be made within a reasonable time, and a housing inspector who finds violations orders the landlord to fix them within a set time. For mold, after written or electronic notice the landlord must inspect within 7 days and remediate within 30 days after the inspection (D.C. Code § 8-241.04). For emergencies such as no heat in winter, no landlord-supplied utilities or major leaks, a tenant may ask the court for a temporary restraining order.

Law: D.C. Code § 8-241.04; LawHelp DC (D.C. Bar Pro Bono Center); Legal Aid DC, Housing Conditions Handbook

Repair it yourself and deduct the cost

Not addressed by state law. D.C. has no repair-and-deduct statute, and the official and legal-aid guides reviewed do not describe one. Tenants instead use rent withholding as a defense, a Housing Conditions Court case, or a housing inspection.

Law:
LawHelp DC, Tenants: Housing Code Violations; Legal Aid DC, Tenant Toolkit

Withholding rent

Allowed with limits. Under Javins v. First National Realty (1970), a landlord's housing-code violations can excuse all or part of the rent. LawHelp DC says a tenant can stop paying rent after notifying the landlord in writing, but must save the rent because a Landlord and Tenant Court judge decides how much is owed, and an unfavorable ruling can lead to eviction. D.C. Code § 42-3505.02(b)(3) protects tenants who have 'legally withheld' rent after reasonable notice of a housing-code violation.

Law:
Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970); D.C. Code § 42-3505.02(b)(3); LawHelp DC

Ending the lease over repairs

Not addressed by state law. No D.C. statute or official guide reviewed gives tenants a right to end the lease early because of unrepaired conditions.

Law:
D.C. Tenant Bill of Rights; Legal Aid DC, Housing Conditions Handbook

Going to court

A tenant can sue in D.C. Superior Court's Housing Conditions Court ($15 filing fee, waivable) to get an order forcing repairs; the judge sends a housing inspector, and emergencies such as no heat in winter can get a temporary restraining order. That court does not award money damages, but a tenant can file a separate Small Claims case (up to $10,000) or a Civil Actions Branch case for a rent refund for periods with housing-code violations or for money spent fixing problems, or file a Tenant Petition with the Rental Accommodations Division for less severe violations. If the landlord does not make repairs a Housing Conditions judge ordered, the tenant can ask the judge to reduce rent while repairs are made (rent abatement) or for another penalty, at a status hearing or by written motion. A tenant sued for nonpayment in Landlord and Tenant Court can raise housing-code violations as a defense or counterclaim (D.C. Superior Court). For rent-controlled units, rent cannot be raised unless the unit and common areas substantially comply with the housing code (Tenant Bill of Rights § 5).

Protection from retaliation

A housing provider may not retaliate against a tenant for exercising any legal right, including by seeking possession, raising rent, cutting services, harassment, refusing to renew, or ending a tenancy without cause (D.C. Code § 42-3505.02(a)). Retaliation is presumed, and judgment is entered for the tenant unless the landlord rebuts it by clear and convincing evidence, if within the prior 6 months the tenant made a witnessed oral or written repair request, contacted D.C. officials about housing-code violations, legally withheld rent after notice, joined a tenant organization, tried to enforce lease rights, or sued the landlord (§ 42-3505.02(b)). (D.C. Code § 42-3505.02)

Reporting unsafe conditions

Tenants can ask the D.C. Department of Buildings (DOB) for a free housing-code inspection at (202) 671-3500; if DOB finds a violation it sends the landlord a written notice and may fine the landlord (Legal Aid DC Tenant Toolkit). Tenants are entitled to a copy of any notice of violation (Tenant Bill of Rights).

Also good to know

  • Mold: after written notice, the landlord must inspect within 7 days and remediate within 30 days, following District standards (D.C. Code § 8-241.04).
  • Pre-1978 units have lead-paint disclosure and clearance-report duties (20 DCMR § 3300 et seq., per the Tenant Bill of Rights).
  • A tenant who has already been sued for nonpayment cannot file a separate Housing Conditions case but can raise the conditions as a defense or counterclaim (Legal Aid DC).
  • The Office of the Tenant Advocate (ota.dc.gov) publishes the D.C. Tenant Bill of Rights, which landlords must give tenants.

Related

Sources

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.