District of Columbia Repairs & Tenant Remedies
District of Columbia rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statute — the D.C. Code has no general repair-and-deduct remedy (the former smoke-detector installation provision, § 6-751.10, is repealed). D.C. Code Title 42, Ch. 35 (Rental Housing Act); § 6-751.10 (repealed); § 42-3505.02
The rules in District of Columbia
| Repair and deduct | No statute — the D.C. Code has no general repair-and-deduct remedy (the former smoke-detector installation provision, § 6-751.10, is repealed). Tenants rely instead on the implied warranty of habitability (case law), lawful rent withholding after notice (protected by § 42-3505.02), and housing-code enforcement by the Department of Buildings. Self-help repairs and deductions are risky without a court order or written landlord agreement; D.C. courts have recognized habitability defenses in nonpayment cases. Re-verified 2026-10-27. |
|---|---|
| Withholding rent | Recognized indirectly: the anti-retaliation statute protects a tenant who 'legally withheld' rent after giving reasonable notice of a housing-regulation violation. Leases carry an implied warranty of habitability. No statutory escrow procedure was found. Re-verified 2026-10-27. Source: D.C. Code § 42-3505.02(b) |
| Landlord retaliation | Landlord may not retaliate (eviction, rent increase, service cuts, harassment, privacy violations, refusing to renew or honor the lease) for: witnessed or written repair requests, contacting officials about code violations, lawfully withholding rent after notice, tenant organizing, enforcing lease rights, or suing the landlord. If the landlord acts within 6 months after such an act, retaliation is presumed and the landlord must rebut it by clear and convincing evidence. Re-verified 2026-10-27. Source: D.C. Code § 42-3505.02 |
Related questions
District of Columbia vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| District of Columbia | No statute — the D.C. Code has no general repair-and-deduct remedy (the former smoke-detector installation provision, § 6-751.10, is repealed). Tenants rely instead on the implied warranty of habitability (case law), lawful rent withholding after notice (protected by § 42-3505.02), and housing-code enforcement by the Department of Buildings. D.C. Code Title 42, Ch. 35 (Rental Housing Act); § 6-751.10 (repealed); § 42-3505.02 | Recognized indirectly: the anti-retaliation statute protects a tenant who 'legally withheld' rent after giving reasonable notice of a housing-regulation violation. Leases carry an implied warranty of habitability. No statutory escrow procedure was found. D.C. Code § 42-3505.02(b) | Landlord may not retaliate (eviction, rent increase, service cuts, harassment, privacy violations, refusing to renew or honor the lease) for: witnessed or written repair requests, contacting officials about code violations, lawfully withholding rent after notice, tenant organizing, enforcing lease rights, or suing the landlord. If the landlord acts within 6 months after such an act, retaliation is presumed and the landlord must rebut it by clear and convincing evidence. D.C. Code § 42-3505.02 |
| Maryland | No statute Md. Code, Real Prop. § 8-211 (rent escrow is the statutory repair remedy) | Rent escrow. If the landlord fails to fix serious conditions (lack of heat, light, electricity, hot or cold water; inadequate sewage; rodent infestation in 2+ units; dangerous structural defects; fire or health hazards) within a reasonable time after notice, the tenant may file a rent escrow action and pay rent into court, or withhold rent and raise the conditions as a defense to an eviction. Notice can be certified-mail written notice, actual notice, or a government violation notice. More than 30 days after notice is presumed unreasonable. Md. Code, Real Prop. § 8-211(d), (f), (g), (h), (k), (m) | Landlord may not bring or threaten a possession action, arbitrarily raise rent or reduce services, or terminate a periodic tenancy because the tenant made a good-faith complaint (to the landlord or a public agency) about a lease/law violation or a substantial health or safety threat, sued or testified in a suit involving the landlord, joined a tenants' organization, or called police/emergency services. Remedy: damages up to 3 months' rent plus reasonable attorney's fees and costs. Md. Code, Real Prop. § 8-208.1 |
| Virginia | Yes. If the landlord does not take reasonable steps within 14 days after written notice of a material noncompliance or hazard, the tenant may hire a licensed contractor (or licensed pest business for rodents) and deduct actual costs up to the greater of one month's rent or $1,500, after giving the landlord an itemized statement with receipts. Va. Code 55.1-1244.1 | No self-help withholding. Tenant may file a tenant's assertion in general district court and pay rent into court escrow (within five days of each due date); more than 30 days after the landlord receives written notice is presumed an unreasonable delay. Initial hearing within 15 calendar days of service on the landlord. Va. Code 55.1-1244 | Landlord may not raise rent, decrease services, bring or threaten an action for possession, or terminate the lease in retaliation for a tenant's code complaint to a government agency, complaint to the landlord or lawsuit about a VRLTA violation, organizing/joining a tenants' organization, or testifying against the landlord. Tenant bears the burden of proving retaliatory intent; no statutory presumption period. Va. Code 55.1-1258 |
More District of Columbia rental law
- District of Columbia Security Deposit Law
- District of Columbia Eviction Laws
- District of Columbia Notice to Vacate Rules
- Landlord Entry Rules in District of Columbia
- District of Columbia Rent Increase & Late Fee Laws
- Breaking a Lease in District of Columbia
- Squatters' Rights in District of Columbia
- District of Columbia Rental Fee Rules
- District of Columbia Section 8, Records & Right to Counsel
- District of Columbia Mold, Pests, Heat & AC Rules
- District of Columbia Privacy, Guests & Animal Rules
- District of Columbia Landlord Selling the House
- District of Columbia Lockouts, Utility Shutoffs & Retaliation
- District of Columbia Subletting, Lease Endings & Tenant Death
- All District of Columbia landlord-tenant rules
- Free legal help in District of Columbia
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District of Columbia Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in District of Columbia?
No statute — the D.C. Code has no general repair-and-deduct remedy (the former smoke-detector installation provision, § 6-751.10, is repealed). Tenants rely instead on the implied warranty of habitability (case law), lawful rent withholding after notice (protected by § 42-3505.02), and housing-code enforcement by the Department of Buildings. (D.C. Code Title 42, Ch. 35 (Rental Housing Act); § 6-751.10 (repealed); § 42-3505.02)
Can a tenant withhold rent for repairs in District of Columbia?
Recognized indirectly: the anti-retaliation statute protects a tenant who 'legally withheld' rent after giving reasonable notice of a housing-regulation violation. Leases carry an implied warranty of habitability. No statutory escrow procedure was found. (D.C. Code § 42-3505.02(b))
Can a landlord retaliate against a tenant for complaining in District of Columbia?
Landlord may not retaliate (eviction, rent increase, service cuts, harassment, privacy violations, refusing to renew or honor the lease) for: witnessed or written repair requests, contacting officials about code violations, lawfully withholding rent after notice, tenant organizing, enforcing lease rights, or suing the landlord. If the landlord acts within 6 months after such an act, retaliation is presumed and the landlord must rebut it by clear and convincing evidence. (D.C. Code § 42-3505.02)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.