Lease Snipe

District of Columbia Prohibited Lease Clauses

5 restricted clause types

Our District of Columbia law database tracks 5 lease clause types that state law prohibits or restricts (4 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.

Educational information: generated from our District of Columbia law database (last updated 2024-01-01). Not legal advice.

Clause types restricted by District of Columbia law

  • Waiver of implied warranty of habitability

    Likely Illegal

    Legal basis: DC Code Section 42-3502.08

  • Waiver of tenant rights under DC law

    Likely Illegal

    Legal basis: DC Code Section 42-3502.01

  • Confession of judgment clause

    Likely Illegal

    Legal basis: DC Code Section 42-3502.01

  • Late fee exceeding 5%

    Often Unenforceable

    Legal basis: DC Code Section 42-3505.31

  • Security deposit exceeding one month

    Likely Illegal

    Legal basis: DC Code Section 42-3502.17

Frequently asked questions

What lease clauses are illegal in District of Columbia?
District of Columbia law restricts 5 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights under dc law; confession of judgment clause.
Is a lease still valid if it contains an illegal clause in District of Columbia?
Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
Which law prohibits "waiver of implied warranty of habitability" in District of Columbia?
DC Code Section 42-3502.08.

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Prohibited Lease Clauses in other states

Educational information generated from state statute data — not legal advice. Consult a licensed attorney in District of Columbia for your specific situation.