The cap is 1 month's rent. The return deadline is 45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions. Interest: Yes for tenancies of 12 months or more — interest must be paid on the deposit at the end of the tenancy. That is what separates District of Columbia getting a security deposit back from a generic national summary. Read D.C. Code § 42-3502.17 before the background sections below. Wrongful withholding can support treble damages of the amount wrongfully withheld plus attorney fees under District landlord-tenant law.
When the deposit must be returned
45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
Interest and accounting
Yes for tenancies of 12 months or more — interest must be paid on the deposit at the end of the tenancy.
Penalties for wrongful withholding
Wrongful withholding can support treble damages of the amount wrongfully withheld plus attorney fees under District landlord-tenant law.
A concrete District of Columbia scenario
Here is one way the District of Columbia pieces fit together. Change any fact and the statute may point somewhere else.
A residential tenant moves out of a District of Columbia rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: 1 month's rent.
- Calendar the return deadline: 45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
- Interest, if any: Yes for tenancies of 12 months or more — interest must be paid on the deposit at the end of the tenancy.
- If the landlord keeps money without the required accounting: Wrongful withholding can support treble damages of the amount wrongfully withheld plus attorney fees under District landlord-tenant law.
The District caps most residential deposits at one month’s rent, requires interest for longer tenancies, and mandates return with itemization within 45 days. Treble damages can apply for wrongful withholding. Landlord and Tenant Branch / small claims handle many disputes.
Practical process for tenants and landlords
The District caps most residential deposits at one month’s rent, requires interest for longer tenancies, and mandates return with itemization within 45 days. Treble damages can apply for wrongful withholding. Landlord and Tenant Branch / small claims handle many disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in District of Columbia
Christopher A. HART, Et Al., Appellants/Cross-Appellees, v. VERMONT INVESTMENT LIMITED PARTNERSHIP
…swer denying liability and counterclaimed for return of the security deposit. The case was tried to the court, sitting without a jury, on October 28, 1992. On March 10, 1994, the trial judge issued his written Findings of Fact, Conclusions of Law, and Order. After setting out the facts in some detail, the judge concluded that there had been no meeting of the minds on material t…
Practitioners open Christopher A. HART, Et Al., Appellants/Cross-Appellees, v. VERMONT INVESTMENT LIMITED PARTNERSHIP when District of Columbia security deposits turns on the distinction in this sentence: "The case was tried to the court, sitting without a jury, on October 28, 1992. On March 10, 1994, the trial judge issued his written Findings of Fact, Conclusions of Law, and Order." Do not lift it out of the facts the court was deciding.
PORTER NOVELLI, INC., Appellant/Cross-Appellee, v. Howard BENDER, General Partner for Jack I. Bender & Sons
…triple rent — plus a $12,000 attorney’s fee and a $400,000 security deposit to assure vacation of the premises by May 15 — into the trial court registry pending resolution of the appeal. In March 2000, landlord — presumably anticipating that the appeal process would thwart its efforts for early repossession, and thus hoping for the triple rent the subtenant had offered — moved…
PORTER NOVELLI, INC., Appellant/Cross-Appellee, v. Howard BENDER, General Partner for Jack I. Bender & Sons is worth reading on District of Columbia security deposits because the court put the point in its own words: "May 15 — into the trial court registry pending resolution of the appeal." Use that passage as the starting point, then read the facts that precede it.
BSA 77 P STREET LLC, Et Al., Appellants/Cross-Appellees, v. Antwuan HAWKINS, Et Al., Appellees/Cross-Appellants, and
…itle, and Psaromatis would be entitled to the return of his security deposit if English Holdings failed to convey such title. English Holdings was not able to deliver title free of claims because of a possible action by the building's tenants to exercise their TOPA rights. Psaromatis sued to obtain the return of his security deposit. Because obtaining insurable title was a cond…
BSA 77 P STREET LLC, Et Al., Appellants/Cross-Appellees, v. Antwuan HAWKINS, Et Al., Appellees/Cross-Appellants, and is worth reading on District of Columbia security deposits because the court put the point in its own words: "Psaromatis would be entitled to the return of his security deposit if English Holdings failed to convey such title. English Holdings was not able to deliver title free of claims because of a possible action by the building's tenants to exercise their TOPA rights." Use that passage as the starting point, then read the facts that precede it.
Shirley BROWN, Appellant, v. Jayne HORNSTEIN, Appellee
Shirley BROWN, Appellant, v. Jayne HORNSTEIN, Appellee, 1996 D.C. App. LEXIS 1 (1996)
…e parties under the Landlord-Tenant relationship except the security deposit (referred to above) and the parties generally and mutually release one another from any and all claims other than as reserved herein.” The stipulation did not address any rights which Tenant might have under the TOTPS. The Stipulation of Settlement was approved by a hearing examiner of the RACD. On Oct…
On security deposits, Shirley BROWN, Appellant, v. Jayne HORNSTEIN, Appellee speaks to the District of Columbia dispute in this passage: "Landlord-Tenant relationship except the security deposit (referred to above) and the parties generally and mutually release one another from any and all claims other than as reserved herein.” The stipulation did not address any rights which Tenant might have under the TOTPS." The surrounding opinion shows how the court applied that language to the record.
Lowell R. SATIN, Appellant, v. James M. BUCKLEY, Appellee
Lowell R. SATIN, Appellant, v. James M. BUCKLEY, Appellee, 1968 D.C. App. LEXIS 212 (1968)
…consisting of two months’ rent at $300 per month, less the security deposit of $150.00, plus the items of damage for which the landlord asked reimbursement. A judgment of possession was not entered, presumably because by this time the lease period had expired and the tenant had long since vacated the premises. According to the approved statement of proceedings and evidence 1 t…
District of Columbia opinions such as Lowell R. SATIN, Appellant, v. James M. BUCKLEY, Appellee are cited where security deposits is disputed. The court stated: "A judgment of possession was not entered, presumably because by this time the lease period had expired and the tenant had long since vacated the premises." That is the language to brief; the rest of the decision supplies the procedural posture.
Phoebea QUEEN T/A Phoebea Queen Real Estate, Appellant, v. Jeffrey POSTELL, Et Al., Appellees
…e amount of $231.91, as well as a down payment of $230 as a security deposit. 3 Because the lease commenced in mid-month, rent for the month of May was prorated to $126 — an amount also paid in advance. Postell and Claudia Rowell (later Mrs. Postell), did not move into the apartment until May 27, although the term of the lease began 10 days earlier. His testimony was that he co…
On security deposits, Phoebea QUEEN T/A Phoebea Queen Real Estate, Appellant, v. Jeffrey POSTELL, Et Al., Appellees speaks to the District of Columbia dispute in this passage: "Because the lease commenced in mid-month, rent for the month of May was prorated to $126 — an amount also paid in advance. Postell and Claudia Rowell (later Mrs. Postell), did not move into the apartment until May 27, although the term of the lease began 10 days earlier." The surrounding opinion shows how the court applied that language to the record.
Irving BERG, Appellant, v. Samuel SLAFF, Appellee
Irving BERG, Appellant, v. Samuel SLAFF, Appellee, 1956 D.C. App. LEXIS 241 (1956)
…id rent for April and the landlord applied $375 of the $900 security deposit to the rent for May and June. The tenant vacated on June 13, 1954, and thereafter brought this suit to recover the remaining $525 of the 'deposit. The trial court denied recovery, ruling that “the deposit was not a penalty, but it bore an actual relationship to the damages incurred by the Lessor.” If b…
District of Columbia opinions such as Irving BERG, Appellant, v. Samuel SLAFF, Appellee are cited where security deposits is disputed. The court stated: "April and the landlord applied $375 of the $900 security deposit to the rent for May and June. The tenant vacated on June 13, 1954, and thereafter brought this suit to recover the remaining $525 of the 'deposit." That is the language to brief; the rest of the decision supplies the procedural posture.
BLOCK v. GATES
BLOCK v. GATES, 1949 D.C. App. LEXIS 226 (1949)
…lease for such accommodations.” Discussing the question of security deposits, the United States Emergency Court of Appeals in Shaker Parkway Co. v. Porter, 157 F.2d 920, 924, said: “Making a security deposit in connection with the rental of housing accommodations constitutes both a detriment to the tenant and a benefit to the landlord within the classical definition of ‘consid…
BLOCK v. GATES is worth reading on District of Columbia security deposits because the court put the point in its own words: "Discussing the question of security deposits, the United States Emergency Court of Appeals in Shaker Parkway Co. v. Porter, 157 F." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Maximum deposit: 1 month's rent
- Return deadline: 45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
- Interest: Yes for tenancies of 12 months or more — interest must be paid on the deposit at the end of the tenancy.
- Penalties: Wrongful withholding can support treble damages of the amount wrongfully withheld plus attorney fees under District landlord-tenant law.
- Primary authority: D.C. Code § 42-3502.17.
Deposit limits in District of Columbia
1 month's rent
Frequently asked questions
How much can a landlord charge for a security deposit in District of Columbia?
1 month's rent
How long does a landlord have to return my deposit?
45 days after termination of the tenancy / surrender of possession, with an itemized list of deductions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support treble damages of the amount wrongfully withheld plus attorney fees under District landlord-tenant law.
This guide covers District of Columbia residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.