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Repair and Deduct Laws in Washington, D.C.

Tenants are legally allowed to deduct from their rent to cover repair costs after notifying their landlord of a problem, but only if the problem being repaired is a violation of D.C.’s housing code.


Many states have established a tenant’s right to something known as “repair and deduct”—that is, they can repair a serious issue with their rental and subtract the cost from their rent if their landlord has failed to fix it. Tenants in D.C. are also allowed to repair and deduct, but it’s not explicitly established in the law. That means the process tenants have to follow is much less well-defined than in some other states.

“Repair and deduct” isn’t explicitly mentioned in D.C. law

D.C. law recognizes a right to “repair and deduct,” but it does so in a backdoor way. The law never explicitly states that tenants have the right to make necessary repairs and subtract the cost from their rent—but it does prevent landlords from evicting tenants who do so (assuming these tenants followed the correct procedure).1 Since eviction is a landlord’s most powerful tool to ensure that tenants abide by their legal responsibilities, this effectively creates a right for a tenant to repair and deduct

Tenants can only repair and deduct if the issue is a housing code violation

Not every issue with a rental unit qualifies for repair and deduct. Like most states, D.C. recognizes something called the “implied warranty of habitability.” This guarantees that a landlord will keep their units safe and liveable. Repair and deduct can be used when an issue breaches the warranty of habitability.

Courts in D.C. have ruled that the duties of a landlord under the warranty of habitability are exactly the same as the duties listed in the D.C. housing code—meaning that a violation of the housing code is a violation of the warranty.2 So, what counts as a violation of a housing regulation? Although this is a big question, since D.C.’s housing regulations are hundreds of pages long, here are some specific examples:

  • Rental units must be properly heated 3
  • Rental units must have proper plumbing, with hot and cold water, and be connected to a sewage line 4
  • Bathroom floors must be waterproof 5
  • Every room must have at least two electrical outlets 6
  • Locks must be in working order 7
  • Buildings with more than five units must have a live-in super or janitor, and common areas must be kept clean 8
  • Buildings must be rat-free and rat-proof 9
  • Extermination services for rodents and insects must be paid for by the landlord 10
  • Walls and ceilings cannot have holes or cracks 11

This list is not exhaustive. Tenants should take a look at the D.C. Housing Code to figure out whether the landlord does have a duty to perform the repair in question.12 (Luckily, the code is well-organized and easy to read and understand!)

Tenants must give their landlord a “reasonable” amount of time to make a repair

Before a tenant makes any repairs that they plan to subtract from their rent, they must notify the landlord of the problem with their rental unit. This notice can be given either in writing or orally, as long as there is a third-party witness present. Then, the tenant has to wait a “reasonable” amount of time, as per the law, to allow the landlord to fix the problem, before dealing with the repair themselves.13

Tenants should keep careful records of the costs of any repairs performed. While a tenant is protected from retaliatory eviction, the landlord may still dispute the amount withheld, in which case receipts will be critical.

Landlords should be aware of breaches in the warranty, even without notice

There are several cases indicating that—even if a tenant didn’t inform their landlord of an issue that violated the warranty of habitability—D.C. courts believe that a landlord would still be aware of the problem if they were diligent in their duties.14 So, if a tenant forgot to inform their landlord before using repair and deduct, there’s a chance that the judge would still side with them if they were taken to court. (This stands in contrast to a state like New York, where a tenant can’t legally repair and deduct unless they explicitly told their landlord about the problem in advance.)

That being said, tenants in D.C. should still notify their landlord before performing repairs themselves if at all possible. Maybe a tenant could get away with it, but it would be better not to take a chance.

Next steps

If the necessary repair is prohibitively expensive, there's another tactic tenants can use: withholding rent until the landlord finally makes repairs. Learn more about the other options available to tenants in Washington, D.C.


[1] D.C. Municipal Regulations § 14-4303.4

[2] Sobelsohn v. American Rental Management Co., District of Columbia Court of Appeals. May 31, 2007926 A.2d 713

[3] D.C. Municipal Regulations § 14-501

[4] D.C. Municipal Regulations § 14-601

[5] D.C. Municipal Regulations § 14-603

[6] D.C. Municipal Regulations § 14-605

[7] D.C. Municipal Regulations § 14-607

[8] D.C. Municipal Regulations § 14-801

[9] D.C. Municipal Regulations § 14-804

[10] D.C. Municipal Regulations § 14-805

[11] D.C. Municipal Regulations § 14-706

[12] Title 14 – D.C. Housing Code

[13] D.C. Municipal Regulations § 14-4303.4

[14] George Washington University v. Weintraub, 458 A.2d 43 (D.C. 1983)

The information provided on this website does not, and is not intended to, constitute legal advice.