When must a landlord return my security deposit when I gave proper notice of termination?

Full question:

I was a tenant in Washington DC. My apartment lease had expired on March 1, 2009 so I was on a verbal month to month with the landlord this Spring. On 5/21/09 I notified the landlord I would be moving out 6/30/09. But on 6/28/09 I found out that taking occupancy at my new apartment in antother city was delayed, so on 6/28/09 I asked the landlord if I could extend a few days until 7/9/09. The Landlord really gave me a wishy washy answer (because he was trying to find a new tenant) - he didn't say yes, or no, just said 'leases revert month to month and require 30 days notice but that he hopes everything will 'work out smoothly for both of us'' which I took as a non-answer. When the landlord asked me, I also told the Landlord on 6/28/09 that someone could move into the apartment Mid-July (why would he even ask and why would I say this if I knew I was automatically responsible for July 2009 rent now, as the Landlord later maintained. On 6/28/09 I sent Landlord a check for my 9 day holdover period (and this check specifically indicated the prorated dates it was for). The Landlord cashed this check on 7/8/09, and didn't contact me to question this amount or the note on the check. I moved out as I had indicated I would on 7/9/09 and left the apartment in excellent condition. The landlord continued to contact me after I moved out with general helpful questions about the apartment condo (because he was showing it to prospective renters and buyers), but no mention of the fact I hadn't paid the entire month of July. The Landlord did rent the apartment out to a new tenant starting July 22, 2009 which I only just found out on 10/14/09. On July 24, 2009 I asked Landlord for the status of my $2,400 security deposit being returned. His reposnse to me on July 24, 2009 was that he had 45 days to get the check back to me, and 30 days if repairs have to be made! On July 24, 2009 he told me I would be responsible for July 2009 rent. The landlord never sent me any itemized list of repairs that had to be made, and as of 10/14/09 its been 97 days. I filed a small claims motion against the landlord, and the landlord is asking to settle for $1640.48 (approx $1,000 less than my claim) on the grounds I'm paying for the portion of July 2009 before his new tenant took occupancy + a 'late fee' of $75. Do I have a case to get my entire month security deposit back, or is Landlord technically allowed to charge me for July 2009 rent even though he cashed my prorated check and didn't say anything until I asked for my security deposit back weeks later? Help! Thanks

• Category: Landlord Tenant
• Subcategory: Security Deposit
• Date: 04/07/2025
• State: District of Columbia

Answer:

Here is an excerpt from the law in Washington DC regarding the return of security deposits. It is quite clear with regard to the landlord's obligation to return the funds:

309.1 Within forty-five (45) days after the termination of the tenancy, the owner shall do one of the following: Tender payment to the tenant, without demand, any security deposit and any similar payment paid by the tenant as a condition of tenancy in addition to the stipulated rent, and any interest due the tenant on that deposit or payment as provided in §311; or Notify the tenant in writing, to be delivered to the tenant personally or by certified mail at the tenant's last known address, of the owner's intention to withhold and apply the monies toward defraying the cost of expenses properly incurred under the terms and conditions of the security deposit agreement.

309.2 The owner, within thirty (30) days after notification to the tenant pursuant to the requirement of §309.1(b), shall tender a refund of the balance of the deposit or payment, including interest, not used to defray such expenses, and at the same time give the tenant an itemized statement of the repairs and other uses to which the monies were applied and the cost of each repair or other use.

309.3 Failure by the owner to comply with §309.1 and §309.2 of this section shall constitute prima facie evidence that the tenant is entitled to full return, including interest as provided in §311, of any deposit or other payment made by the tenant as security for performance of his or her obligations or as a condition of tenancy, in addition to the stipulated rent.

309.4 Failure by the owner to serve the tenant personally or by certified mail, after good faith effort to do so, shall not constitute a failure by the owner to comply with §309.1 and §309.2 of this section.

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §2908. C.O. 55-1503 (August 11, 1955); as amended by §3 of the Security Deposit Act, D.C. Law 1-40, 22 DCR 2823 (November 28, 1975).

310 RETURN OF SECURITY DEPOSIT: INSPECTION OF PREMISES
310.1 In order to determine the amount of the security deposit or other payment to be returned to the tenant, the owner may inspect the dwelling unit within three (3) days, excluding Saturdays, Sundays, and holidays, before or after the termination of the tenancy.
310.2 The owner shall conduct the inspection, if the inspection is to be conducted, at the time and place of which notice is given to the tenant.
310.3 The owner shall notify the tenant in writing of the time and date of the inspection.
310.4 The notice of inspection shall be delivered to the tenant, or at the dwelling unit in question, at least ten (10) days before the date of the intended inspection.

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §2908, CO. 55-1503 (August 11, 1955); as amended by §3 of the Security Deposit Act, D.C. Law 1-48, 22 OCR 2823 (November28, 1975).

As far as the payment of pro-rated or partial rent for the part of the month actually occupied, you may want to refer to your written lease. It may contain some language that would control whether or not you would be responsible for a full month's rent even if you only occupy for part of it.

However, it is not uncommon that with adequate notice of termination, that rent be pro-rated for the time actually in the rented space.