Learn when and how renters in D.C. may lawfully break a lease, as well as how to minimize their obligation for rent until the conclusion of the lease term.
Many renters who sign a lease for a rental property want to remain for the whole length of the lease, which is typically one year. However, despite your best efforts, you may want (or need) to leave before your lease expires, such as if you’re a student at American University and only want to remain in your apartment during the academic year. Perhaps you’re relocating with your boyfriend or girlfriend, or you need to relocate closer to a new work or to care for an aging parent.
Breaking the lease is leaving before the end of a fixed-term lease without paying the remaining rent. Here’s a quick rundown of tenant rights in the District of Columbia to end a contract without additional rent responsibility.
Table of Contents
Tenant Rights and Responsibilities in the District of Columbia When Signing a Lease
A lease binds you and your landlord for a certain length of time, generally a year. A landlord cannot raise the rent or amend other provisions of a standard lease until the contract expires (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord cannot compel you to leave before the lease expires unless you fail to pay the rent or breach another key requirement, such as holding huge and raucous parties on a regular basis. Landlords in the District of Columbia must follow particular processes to discontinue the tenancy in these instances. Before initiating an eviction case, your landlord, for example, must give you five days’ notice to pay the rent or leave (District of Columbia Rev. Stat. 33-1368). If a court rules that an unlawful conduct was committed inside the rental property, your landlord may issue you an unconditional quit notice with 30 days to vacate. 42-3505.01 (District of Columbia Revised Statutes).
With the exclusions listed below, you are legally required to pay rent for the whole lease period, whether or not you continue to reside in the rented property.
When Is It Legal to Break a Lease in the District of Columbia?
There are significant exceptions to the norm that a renter who breaches a lease must pay the whole lease term. In the following cases, you may be able to legitimately leave before the term finishes.
You have begun active military service.
Under federal law, if you join active military duty after signing a lease, you have the right to break the contract. (The War and National Defense Servicemembers Civil Relief Act, 50 U.S.C.A. 501 and subsequent.) You must be a member of the “uniformed services,” which include the armed forces, the National Oceanic and Atmospheric Administration’s (NOAA) commissioned corps, the Public Health Service’s commissioned corps, and the activated National Guard. You must notify your landlord in writing of your intention to end your lease for military reasons. Once the notice is sent or delivered, your tenancy will end 30 days after the next due date for rent, even if that date is many months before your lease ends.
You or a child has been a victim of domestic violence.
The District of Columbia legislation (District of Columbia Rev. Stat. 42-3505.07, 42-3505-08) grants tenants who are victims of intrafamily domestic abuse early termination rights, if certain circumstances are satisfied (such as the tenant filing a police report).
The rental unit is dangerous or violates the law. Codes for Health and Safety in the District of Columbia
If your landlord fails to provide habitable housing in accordance with local and state housing codes, a court will most likely rule that you have been “constructively evicted,” which means that the landlord has effectively “evicted” you by providing unlivable housing and relieving you of further rent responsibility. District of Columbia law (Javins v. First Nat’l Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970)) specifies the steps you must take before moving out due to a serious repair issue. The issue must be really significant, such as a loss of heat or another critical service.
Your landlord is harassing you or infringing on your privacy rights.
Unless there is an emergency or an agreement to the contrary, your landlord must give you adequate warning before entering your unit. “Reasonable notice” is commonly defined as at least 48 hours, with the entrance taking place within justifiable daylight hours for a reasonable purpose. 42-3505.51 (District of Columbia Revised Statutes) If your landlord regularly breaches your private rights, such as by removing windows or doors, cutting off utilities, or changing the locks, you may be regarded “constructively evicted,” as indicated above, and justified in terminating the contract without further rent obligation.
The Duty of a Landlord to Find a New Tenant in the District of Columbia
When renters break contracts, landlords must make reasonable attempts to re-let their apartments rather than sitting back and charging them the whole remaining rent due. If you leave before the end of your lease, D.C. law compels your landlord to “mitigate damages” by attempting to rent the property swiftly and keeping losses to a minimal. 42-3505.52 (D.C. Code Ann.) The crucial term here is “fair,” which means your landlord is not compelled to accept dangerous substitute renters or go to great lengths to rent the property.
If you violate your lease and leave without a legal reason (as indicated above), attempt to negotiate with your landlord. Don’t simply go and hope your landlord replaces you fast and doesn’t charge you for the remaining time on your contract. Give your landlord as much notice as possible, and compose a heartfelt letter explaining why you must go early. To sign a new lease, you should ideally be able to give your landlord a suitable replacement renter with strong credit and references.
However, bear in mind that if the landlord refuses to let you off the hook and you are unable to locate a suitable replacement renter, you may be obligated to pay rent for the balance of your term. This might be a significant sum if you quit many months before your lease expires. Your landlord will almost certainly utilize your security deposit to pay the amount you owe initially. If your deposit is insufficient, your landlord may sue you, most likely in small claims court, where the cap in the District of Columbia is $5,000.
How to Reduce Your Financial Liability When Breaking a Lease
There are alternative choices than simply moving out and hope your landlord swiftly finds a new renter if you wish to depart early without legal cause. Instead, give your landlord as much notice as possible and compose a heartfelt letter explaining why you need to leave early. Offer to sign a new lease with your landlord to a suitable replacement renter with strong credit and great references. Taking these procedures may reduce the amount of money you need to pay your landlord—and help assure a positive reference when it comes time to move on.