D.C. Code § 42-3502.17: Security deposit.

(a)

No person shall demand or receive a security deposit from any tenant for a rental unit occupied by the tenant upon July 17, 1985, where no security deposit had been demanded or received of the tenant for the rental unit before July 17, 1985, but this provision shall not prevent the collection of security deposits for newly constructed units or units exempted under § 42-3502.05(a)(4) and (7). Security deposits shall be collected pursuant to the Security Deposit Act, effective February 20, 1976 (D.C. Law 1-48; 14 DCMR 308 et seq.).

(b)

The Office of Administrative Hearings may adjudicate complaints for the non-return of tenant security deposits and for the nonpayment of interest on tenant security deposits pursuant to section 2908 of the Housing Regulations of the District of Columbia (14 DCMR §§ 308 through 311).

(c)

(1)

No housing provider shall withhold a security deposit for the replacement value of apartment items that are damaged due to ordinary wear and tear.

(2)

A covenant or promise by a tenant to leave, restore, surrender, or yield a leased premises in good repair does not obligate the tenant to make substantial repairs, replace obsolete materials, or fix other defects without negligence or fault on the tenant's part.

(3)

For the purposes of this subsection, the term "ordinary wear and tear" means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. The term "ordinary wear and tear" does not include deterioration that results from negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other tangible personal property by the tenant, immediate family member, or a guest.

(d)

Not Funded.

(e)

(1)

Upon termination of a tenancy, the housing provider shall request a forwarding mailing address or email address from the tenant for purposes of providing any notices required pursuant to this section.

(2)

(A)

Within 45 days after termination of the tenancy, the housing provider shall notify the tenant in writing, either personally, by email, or by certified mail at the tenant's forwarding address, of any alleged unpaid amounts due to the housing provider pursuant to the terms of the lease agreement which may include:

(i)

Unpaid rent arrearages;

(ii)

Damage to the rental unit beyond the standards of ordinary wear and tear as defined in subsection (c)(3) of this section; or

(iii)

Charges to the housing provider for removing furnishings and items left by the tenant at moveout.

(B)

The notification shall also include:

(i)

Photographs or other documentation supporting the housing provider's claim for alleged unpaid amounts; and

(ii)

A statement informing the tenant of his or her right to dispute the alleged unpaid amounts and contact information for the housing provider.

(3)

Tenants shall have 30 calendar days after the date the housing provider's notice is served to dispute the alleged unpaid amounts. A tenant may provide to the housing provider any evidence that the alleged unpaid amount is inaccurate or incorrectly attributed to the tenant. The housing provider shall provide a written response, which may be mail, electronic mail, or in person, to the tenant with respect to any information provided under this subsection within 10 days after receipt of the information from the tenant.

(4)

The housing provider shall keep documentation that the tenant was served with such notice required by this subsection for at least 60 days prior to sending the unpaid amount to a debt collector, as defined in § 28-3814(b)(5).