District of Columbia Rent Abatement Clause Providing for a Landlord Remedy and Damages

State:
Multi-State
Control #:
US-OL4021
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Description

This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

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FAQ

In the event that a unit is rendered uninhabitable and repairs are not made as provided for in § 5758, the Project Owner shall abate the tenant's total tenant payment in proportion to the seriousness of the damage and loss in value as a dwelling.

No tenant shall be evicted from a rental unit for any reason unless the tenant has been served with a written notice which meets the requirements of this section. Notices for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator.

When notice to quit not necessary. When real estate is leased for a certain term no notice to quit shall be necessary, but the landlord shall be entitled to the possession, without such notice, immediately upon the expiration of the term.

In general, a tenant's rent should not go up by more than 8.9% this year, unless the housing provider has special approval. If a tenant is 62 or older or has a disability, the rent should not go up by more than 5%, unless the housing provider has special approval.

The most common exemptions from rent control are for rental units that are: Federally or District-subsidized. Built after 1975. Owned by a natural person (i.e., not a corporation) who owns no more than four rental units in the District.

The housing provider must give a 30-day notice of any increase in rent. The most common allowable increase in rent is an annual adjustment, based on the increase in the Consumer Price Index (CPI-W). For most tenants, the most that their rent can increase is the CPI-W percentage plus 2%, but not more than 10%.

Tenant Rights to Withhold Rent in the District of Columbia Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.

It was the first time in the District of Columbia that a landlord had been ordered to pay punitive damages to a tenant for failure to repair defects in rental housing, and is "the start of a trend" in the city, said Timothy J. Aluise, one of the lawyers representing Gyebi.

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District of Columbia Rent Abatement Clause Providing for a Landlord Remedy and Damages