Refusing to Move In After Inspection in DC: Your Rights

Moving into a new rental property in the District of Columbia should feel safe and straightforward. But what happens if, during the move-in inspection, you discover significant repair issues or unaddressed safety concerns? Washington, DC has specific renter protections for situations where a unit does not meet legal standards at move-in. Understanding when and how you can refuse to move in after an inspection can help you make informed decisions and protect your interests.

Understanding Move-In Inspections in DC

In Washington, DC, landlords must provide rental units that comply with all local housing codes and regulations. Both parties are encouraged to complete a written move-in inspection—a process that documents the unit's condition when the lease begins. This protects both the landlord and renter from future disputes about damages or repairs.

• Tenants have the right to request an inspection before moving in.
• The landlord must fix any code violations, health hazards, or serious repair issues before you take occupancy.
• The main local laws that apply are found in the DC Housing Code and Rental Housing Act.^[1]

When Can a Renter Legally Refuse to Move In?

It’s important to know you are not required to move in if the unit is unsafe or does not meet legal standards. Renters in DC can refuse to take possession if:

• The property has outstanding building, safety, or health code violations documented by the Department of Buildings.
• Major repairs or safety concerns exist (e.g., no heat, severe leaks, rodent infestation), and the landlord has not addressed them.
• The landlord fails to provide mandatory disclosures, like the lead disclosure form or rent control status.
• There is evidence of mold, broken locks, or missing smoke/carbon monoxide detectors.

According to the DC Housing Code, a landlord cannot require you to take possession or pay rent for an uninhabitable unit.^[2] The Office of the Tenant Advocate (OTA) can help tenants understand their rights and next steps.

Required Forms: Documenting Inspection Issues

Completing the correct forms is essential to protect your rights if you refuse to move in. Here are the most relevant forms in DC:

• Move-In/Move-Out Condition Report: While DC does not provide an official city form, both tenants and landlords are encouraged to use a written condition report signed by both parties. Clearly list all issues, defects, or unaddressed violations with photos if possible.
• Tenant Petition (Form OTA-TPT-01): If repairs are not made or your landlord disagrees about the unit's condition, you can submit a Tenant Petition to the DC Rental Accommodations Division (RAD). This form lets you request official intervention for repair issues before you move in. Download the Tenant Petition - Form OTA-TPT-01. Submit it with supporting evidence, such as inspection photos or written communications.

For a practical example: If you spot exposed wiring, broken doors, or missing smoke detectors on your inspection, take clear photos, list all issues on your condition report, and—if the landlord does not promptly repair—file Form OTA-TPT-01 with the Rental Accommodations Division.

Where Are Tenancy Disputes Handled?

In DC, rental disputes are handled by the Rental Accommodations Division (RAD) within the Department of Housing and Community Development.^[3] Disputes about move-in inspections, habitability, or return of deposits may be heard by the RAD or the Office of Administrative Hearings (OAH).

Relevant DC Laws & Legislation

• DC Housing Code provides minimum standards for rental units
• Rental Housing Act of 1985 covers tenant and landlord rights (habitability requirements, dispute processes)

Most renter protections about move-in conditions, inspections, and the right to refuse occupancy are found in these laws.

What Should You Do if You Find Problems at Move-In?

If your inspection uncovers major problems, act promptly and document everything. Here are suggested steps:

• Complete a written inspection form with all issues observed.
• Take dated photos of each problem.
• Notify your landlord in writing, giving them the opportunity to fix the issues before move-in.
• If the landlord refuses or delays, file a Tenant Petition (Form OTA-TPT-01) with RAD and contact the Office of the Tenant Advocate (OTA) for assistance.

Frequently Asked Questions

1. Can I break the lease before moving in if the apartment is unsafe?
   If the rental unit does not meet health or safety codes at move-in, you can usually decline to take possession and may be entitled to cancel the lease. Always document your inspection and notify the landlord of any concerns right away.
2. What if my landlord refuses to fix major problems before my move-in date?
   If urgent repairs are not addressed, you can delay moving in, file a Tenant Petition with DC RAD, and seek support from the Office of the Tenant Advocate. Do not pay rent or move in until repairs are made.
3. Is my security deposit at risk if I refuse to move in due to unsafe conditions?
   Your security deposit should be refunded if you never took possession because of uninhabitable conditions. If the landlord refuses, file a Tenant Petition to seek its return.
4. Does the landlord have to provide any disclosure documents?
   Yes. DC requires landlords to provide disclosures about lead paint, rent control status, and any known code violations in most circumstances. Ask for these before signing your lease or moving in.
5. What agency can help me if my landlord won’t cooperate?
   The Office of the Tenant Advocate is the primary support agency for renters experiencing these issues. They can offer direct help and guidance.

Summary: Key Takeaways for DC Renters

• Renters in DC may refuse to move in if a unit is uninhabitable or code violations exist at inspection.
• Always document problems in writing and with photos, and notify your landlord immediately.
• If issues are unresolved, file the Tenant Petition form with RAD and seek support from the Office of the Tenant Advocate.

Need Help? Resources for Renters

• Office of the Tenant Advocate (OTA): Free legal advice and guidance for DC renters — (202) 719-6560
• Rental Accommodations Division (RAD): File tenant petitions and disputes
• DC Department of Buildings: For complaints about property conditions or violations
• Tenant Petition - Form OTA-TPT-01: Use this to open a formal dispute with the city over repairs, code violations, or deposit return

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1. District of Columbia Municipal Regulations, Title 14 Housing, DC Housing Code
2. Rental Housing Act of 1985, DC Tenant and Landlord Rights
3. Rental Accommodations Division (RAD), DC Department of Housing and Community Development

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