D.C. Landlord-Tenant Law After the RENTAL Act: 2026 Guide

Washington, D.C. rules for 2026: the 10-day nonpayment notice and $600 floor, the 5% late fee cap, rent control caps of 4.1% and 2.1%, deposits and TOPA.

By Seayora Editorial Team · Published October 23, 2026 · Facts checked October 23, 2026 · 6 min read

Short answer: The RENTAL Act took effect in Washington, D.C. on December 31, 2025. A landlord must now give a nonpayment notice of intent to file at least 10 days before filing, down from 30, and still may not file for less than $600 owed. Late fees are capped at 5% after a five-day grace period, a security deposit may not exceed one month’s rent, and rent-controlled units may rise by at most 4.1% (2.1% for registered elderly or disabled tenants) from May 1, 2026. Before selling a building, an owner must give tenants the opportunity to purchase under TOPA, which the RENTAL Act narrowed with new exemptions.

Key takeaways

Nonpayment: notice at least 10 days before filing, and no case at all for less than $600.
Late fee: at most 5% of the rent, after five days, once per late payment, and never a ground for eviction.
Rent control year 2026: 4.1% cap, 2.1% for registered elderly or disabled tenants.
TOPA still applies to most sales, but new construction and some other transfers are now exempt with a Notice of Transfer.

What did the RENTAL Act change?

The Rebalancing Expectations for Neighbors, Tenants, and Landlords (RENTAL) Act of 2025, D.C. Law 26-80, became effective on December 31, 2025 (DHCD). For day-to-day management the biggest change is the nonpayment notice period. For owners planning a sale it is the new set of exemptions from the Tenant Opportunity to Purchase Act.

How much notice before a nonpayment eviction?

A housing provider must give the tenant written notice of its intent to file a claim for possession for nonpayment at least 10 days before filing, and may not issue that notice at all when the unpaid rent is less than $600 (D.C. Code § 42-3505.01). Until December 31, 2025 the period was 30 days.

Content: the total rent owed, a ledger of charges and payments for the period of delinquency, and the statement that only a court can order an eviction, with the Office of the Tenant Advocate’s contact details.
Delivery: by certified mail or a delivery service with tracking, return receipt requested, and also by hand delivery to the unit or posting on its front door.
Posting: when a notice or summons is posted, the court needs a photograph with a readable timestamp.
Language: if the landlord knows the tenant’s primary language is a covered language other than English or Spanish, the notice must be in that language.

For a lease violation other than nonpayment, the tenant gets 30 days after notice to correct it before the landlord may seek possession, and that notice is served on the tenant and the Rent Administrator. An eviction can only be carried out under a court order.

What late fee may a D.C. landlord charge?

No more than 5% of the full rent due, and only if the written lease states the maximum fee and the rent remains unpaid five days after it was due, or after any longer grace period the lease gives (D.C. Code § 42-3505.31). A landlord may not charge interest on a late fee, deduct it from a later rent payment, charge it more than once for the same late payment, evict over it, or charge it on the part of the rent a subsidy provider is responsible for. Unpaid late fees may be invoiced with 30 days to pay and, if still unpaid, deducted from the security deposit at the end of the tenancy.

How much can rent go up on a rent-controlled unit in 2026?

For rent control year 2026, which runs from May 1, 2026 to April 30, 2027, the Rental Housing Commission certified a general adjustment of 2.1%, equal to the change in the regional CPI-W, plus the additional 2% the statute allows, for a cap of 4.1%. For a unit occupied by a tenant who is 62 or older or has a disability and has registered that status, the cap is 2.1% (RHC notice). Every rent increase taking effect on or after December 1, 2025 must be filed electronically through the RentRegistry, and every housing provider must register there, including to claim an exemption.

Rent control does not cover every unit. Exemptions include units in buildings whose permit was issued after December 31, 1975, federally or District subsidized units, and buildings of four or fewer units owned by no more than four natural persons who have no interest in any other D.C. rental unit and who file a claim of exemption (D.C. Code § 42-3502.05).

What are the D.C. security deposit rules?

Cap: no more than the first full month’s rent, charged only once (14 DCMR § 308).
Holding: in an interest-bearing escrow account held in trust at a financial institution in the District; interest accrues to the tenant.
Return: within 45 days after the tenancy ends, either refund the deposit with interest or notify the tenant in writing that deductions will be made, then refund the balance with an itemized statement within 30 days of that notice.
Wear and tear: a deposit may not be withheld for ordinary wear and tear (D.C. Code § 42-3502.17).

Rental application fees are capped too: the Rental Housing Commission set the maximum at $54 for calendar year 2026 (Office of the Tenant Advocate).

What is TOPA and what did the RENTAL Act exempt?

Before an owner sells a housing accommodation, or issues a notice to vacate for demolition or discontinuance of housing use, the owner must give the tenants an opportunity to purchase at a price and on terms that represent a bona fide offer of sale (D.C. Code § 42-3404.02). The RENTAL Act added exemptions for buildings with five or more units, including new construction built in the last 15 years, D.C. Housing Authority properties, congregate housing, dormitories and assisted living, and certain changes of ownership interest within a partnership. It also added exemptions for smaller buildings where a business or corporation does not own a majority of the ownership or economic interest.

An owner claiming an exemption files a Notice of Transfer that states the legal basis for the claim, and bears the burden of proving it. A missing or materially misleading notice creates a rebuttable presumption that the transfer was a sale.
Tenant organizations in buildings of five or more units must wait 45 days after a valid Offer of Sale before assigning their rights, unless they were counseled by a certified tenant support provider.
Notices may be emailed to DHCD at [email protected], but tenants must still receive posted notices and certified mail.
Owners of newly exempt properties had to notify tenants of the exemption by March 31, 2026.

Entry needs reasonable notice, which the District defines as written notice at least 48 hours before the landlord wants to enter, unless the tenant agrees in writing to less (D.C. Code § 42-3505.51).

Frequently asked questions

How many days’ notice before a nonpayment eviction in D.C.?

At least 10 days before filing, since the RENTAL Act took effect on December 31, 2025. Before that it was 30 days. No notice may issue and no case may be filed when less than $600 is owed.

What is the maximum late fee in Washington, D.C.?

5% of the full rent due, charged only after five days (or a longer grace period in the lease), once per late payment, and only if the lease states the maximum. Nonpayment of a late fee can never be a ground for eviction.

How much can rent increase on a rent-controlled unit in D.C. in 2026?

Up to 4.1% from May 1, 2026, or 2.1% for a unit occupied by a registered elderly tenant or tenant with a disability. Larger increases need approval through a petition.

Is new construction exempt from TOPA?

Yes, since the RENTAL Act, for buildings of five or more units built in the last 15 years. The owner must still give a Notice of Transfer claiming the exemption and bears the burden of proving it.

State-by-state rules

How many days does a tenant get to pay late rent? — compared across 48 states and the District of Columbia
How much can a landlord charge for a late rent fee? — compared across 16 states and the District of Columbia
How long does a landlord have to return a security deposit? — compared across 48 states and the District of Columbia
How much can a landlord charge for a security deposit? — compared across 29 states and the District of Columbia
Is there rent control? — compared across 32 states and the District of Columbia
How much can a landlord charge for a rental application fee? — compared across 12 states
Can a landlord retaliate against a tenant for complaining? — compared across 38 states and the District of Columbia

Sources

The RENTAL Act of 2025: Frequently Asked Questions (January 2026), D.C. Department of Housing and Community Development
D.C. Code § 42-3505.01, Evictions, D.C. Council
D.C. Code § 42-3505.31, Authorized fees for the payment of rent beyond 5 days after the rent payment is due, D.C. Council
Certification and Notice of Rent Adjustment of General Applicability, effective May 1, 2026, D.C. Rental Housing Commission
D.C. Code § 42-3502.05, Registration and coverage, D.C. Council
D.C. Code § 42-3502.17, Security deposit, D.C. Council
Title 14, Chapter 3: Landlord and Tenant (14 DCMR §§ 308 to 311), D.C. Office of Documents and Administrative Issuances
Rental Housing Commission Publishes Rental Application Fee Cap for 2026, D.C. Office of the Tenant Advocate
D.C. Code § 42-3404.02, Tenant opportunity to purchase, D.C. Council
D.C. Code § 42-3505.51, Access by housing provider to dwelling unit, D.C. Council

How Seayora helps

Eviction navigator: For a D.C. property, lists each step with the D.C. Code section beside it, including the 10-day notice and the $600 floor.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

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