DC Short-Term Rental Laws: What Renters Should Know

If you’re renting in the District of Columbia and considering listing your apartment or room on Airbnb or another short-term rental platform, understanding the city’s rental and subletting rules is crucial. Washington, DC has its own set of regulations regarding short-term rentals, which are enforced by local housing authorities. This guide breaks down DC short-term rental laws for renters, especially those in shared housing situations or thinking about subletting.

Understanding DC Short-Term Rental Rules

The District of Columbia regulates short-term rentals (stays of fewer than 30 days) through a mix of tenant-landlord laws and local licensing requirements. The main law governing residential tenancies in DC is the Rental Housing Act of 1985 and the Short-Term Rental Regulation Act of 2018¹. These laws provide the framework for what renters can and cannot do regarding subletting and short-term rental platforms like Airbnb.

Do Renters Need Permission to List on Airbnb?

Almost always, yes. If you are a tenant (renter) in DC, you are typically required to have your landlord’s written permission to sublet your unit or rent it out as a short-term rental (STR). Many standard DC leases contain clauses that prohibit subletting or require landlord consent.

• Review your lease for any ban on subletting or short-term rentals.
• If allowed, obtain written consent before listing your space.
• Unauthorized short-term rentals may be grounds for eviction under DC law.

Licensing Requirements for Short-Term Rentals in DC

DC law requires all hosts (both owners and renters) wishing to list a property on a platform like Airbnb for less than 30 days to obtain a special license through the Department of Buildings (DOB). There are two types:

• Short-Term Rental License: For renting out your primary residence for less than 30 days at a time.
• Short-Term Rental Vacation Rental License: For those who temporarily rent their primary residence while they are away (must not exceed 90 days per calendar year).

To apply, you’ll need landlord consent, proof of residence, and to comply with safety requirements. Begin your application or learn more via the official DC Short-Term Rental Licensing portal.

Which Forms Do DC Renters Need for Legal Airbnb Subletting?

• Short-Term Rental License Application (via SCOUT):
  Used by primary residents (including renters with landlord's written consent) to apply to list a property for stays under 30 days. You must complete this through the SCOUT system.
  Example: Sarah, a DC tenant, wants to rent her extra room on Airbnb. She checks her lease, gets written landlord permission, then completes the online SCOUT application.
• Landlord Consent Form:
  Landlords may have their own consent forms. While there’s no universal government template, DC requires documented written permission from your landlord for all rental applications.
  Example: Before applying for your license, email your landlord and request permission in writing so that you can upload it during the application.

What Happens If You Violate DC Short-Term Rental Laws?

Listing your apartment or room without permission—or failing to secure the required license—can lead to:

• Eviction proceedings for unauthorized subletting
• Fines or penalties from the DC Department of Buildings
• Loss of your rental agreement

To dispute an eviction or enforcement action, tenants may appeal to the Office of Administrative Hearings (OAH) for the District of Columbia, which handles landlord-tenant disputes in DC.

Tenants’ Rights and Protections in Shared Housing

If you have roommates or are in a shared housing arrangement, every listed occupant and the landlord must agree to the short-term rental. Additional protections under the Rental Housing Act may apply if disputes arise among tenants.

Summary: DC Airbnb and Subletting Basics

In summary, DC renters must:

• Get written landlord consent to sublet or do any short-term rental.
• Apply online for a Short-Term Rental License before listing a property.
• Check their lease for any special restrictions relating to roommates or shared housing.

Frequently Asked Questions: DC Airbnb & Short-Term Rentals

1. Do I need my landlord’s permission to sublet my apartment on Airbnb in DC?
   Yes, written permission from your landlord is almost always required in Washington, DC, and most leases restrict subletting or dictate how it can be done.
2. How do I apply for a short-term rental license in DC?
   You must create an account and apply through the SCOUT licensing portal with proof of residence, landlord consent, and other required paperwork.
3. Can a landlord evict me for listing my apartment on Airbnb without permission?
   Yes, unauthorized subletting or short-term rental activity is a common legal cause for eviction in DC.
4. Who oversees renter-landlord disputes about short-term rentals in DC?
   The Office of Administrative Hearings (OAH) handles most landlord-tenant and rental housing disputes in the District of Columbia.
5. Is there a room or building type that cannot legally be listed for short-term rental?
   Yes, many DC rent-controlled or subsidized units and some condos/co-ops may be ineligible for licensing or have stricter rules, so always verify your unit type and building policy first.

Key Takeaways for DC Renters Considering Short-Term Rentals

• Always secure written permission from your landlord before subletting or listing a property on Airbnb.
• Apply for a short-term rental license via the official DC portal; you’ll need landlord consent and supporting documents.
• Violating DC rental laws on subletting or short-term rentals can lead to eviction and fines—get informed first!

Need Help? Resources for Renters

• DC Department of Buildings: Short-Term Rentals – How to license and rules
• Office of Administrative Hearings (OAH) – Landlord-tenant legal disputes and appeals
• Office of the Tenant Advocate (OTA) – Free support, resources, and rental rights information
• Rental Housing Act of 1985 (DC Official Code)
• SCOUT Online Portal – Submit applications for STR licenses

---

1. Rental Housing Act of 1985 (DC Official Code Title 42, Chapter 32A)
2. Short-Term Rental Regulation Act of 2018 (DC Official Code Title 30, Chapter 10)
3. DC Department of Buildings: Short-Term Rental Forms and Applications
4. Office of Administrative Hearings (Landlord-Tenant Branch)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations