Pet deposit and pet fee law in Washington, D.C.: ordinary wear is off the table and the clock is 45 days
The District's security deposit rules sit partly in the Code and partly in the Security Deposit Act and its regulations. The Code section I read, 42-3502.17, says a housing provider may not withhold a deposit for the replacement value of items damaged by ordinary wear and tear, defines that term, and requires written notice of alleged unpaid amounts within 45 days after the tenancy ends. The regulation text that sets deposit amounts is not part of this post.
What is ordinary wear and tear in D.C.?
Section 42-3502.17(c)(1) says no housing provider shall withhold a security deposit for the replacement value of apartment items damaged by ordinary wear and tear. Paragraph (3) defines ordinary wear and tear as deterioration resulting from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. It does not include deterioration resulting from negligence, carelessness, accident or abuse of the unit, fixtures, equipment or other tangible personal property by the tenant, an immediate family member or a guest. Paragraph (2) adds that a promise to leave the unit in good repair does not oblige a tenant to make substantial repairs, replace obsolete materials or fix defects without negligence or fault on the tenant's part.
For a pet, the line is between the ordinary use of a home, such as faded carpet at the end of its life, and damage from carelessness or abuse, such as a chewed door frame or urine-soaked flooring. The housing provider needs evidence of which it is.
What notice is required after move-out?
Under subsection (e)(1), on termination the housing provider must request a forwarding mailing or email address from the tenant for the notices the section requires. Under (e)(2), within 45 days after the tenancy ends the housing provider must notify the tenant in writing, personally, by email or by certified mail at the forwarding address, of any alleged unpaid amounts due to the housing provider; the section continues with further requirements that I do not summarize here. Read the full subsection (e) before you send a notice.
Example a made-up tenancy ends on Friday, December 4, 2026. Forty-five days later is Monday, January 18, 2027, so the written notice of any alleged unpaid amounts must go out by then. A pet-damage claim in it needs a description of the damage and a reason it is not ordinary wear, supported by dated move-in and move-out photos.
What about assistance animals?
The District follows federal fair housing rules on assistance animals. The regulation at 24 CFR 100.204 makes it unlawful to refuse reasonable accommodations in rules, policies and practices needed for equal use of a dwelling, and the example it gives is a seeing eye dog in a building with a no-pets policy. Do not charge a pet deposit or pet fee for an approved assistance animal. I have not read the D.C. regulations on deposit amounts, so confirm the cap and any pet-specific rule there.
- Photograph the unit on move-in and move-out, dated, with the pet areas included.
- Separate age-related deterioration from negligence or abuse in every deduction.
- Ask for the forwarding address in writing on the last day.
- Send the written notice within 45 days, by one of the permitted methods.
Where does DoorKeeping fit?
DoorKeeping keeps the lease, the pet addendum, the move-in photos and the rent ledger together, so the purpose of each charge and the condition of the unit on the first day are on file when you itemize a deduction. You decide what to charge and what to keep. This is general information, not legal advice: check the current statute, and ask a local attorney if a charge is disputed.
Sources
Questions
- Can a D.C. landlord deduct for ordinary wear and tear?
- No. A housing provider may not withhold a deposit for the replacement value of items damaged by ordinary wear and tear (42-3502.17(c)).
- How long does a D.C. housing provider have to give notice of unpaid amounts?
- Within 45 days after termination of the tenancy (42-3502.17(e)(2)).
- Does D.C. count pet damage as ordinary wear?
- Not when it results from negligence, carelessness, accident or abuse; the provider needs evidence either way.