D.C. Code tit. 42 § 42-3505.52
Housing provider duty to mitigate damages after breach of the rental agreement by tenant.
Operative Text
If a tenant refuses to take possession of a rental unit in bad faith, or vacates a rental unit before the end of a lease term, any actual damages the housing provider may be entitled to shall be subject to the duty of the housing provider to mitigate actual damages for breach of the rental agreement.
Under D.C. Code § 42-3505.52, when a tenant either refuses to take possession of a rental unit in bad faith or leaves before the lease term ends, the housing provider's ability to recover actual damages is not unlimited. The law imposes a duty on the housing provider to take reasonable steps to reduce or minimize those damages — for example, by attempting to re-rent the unit. Damages that could have been avoided through reasonable mitigation efforts may not be recoverable.
Plain English — not legal advice.
D.C. Code § 42-3505.52 means that housing providers who seek to recover damages after a tenant's early departure or bad-faith refusal to take possession are generally expected to make reasonable efforts to re-rent the unit rather than letting it sit vacant and accumulating losses. Compliant operators typically document their re-leasing efforts — such as advertising the unit, showing it to prospective tenants, and tracking associated costs — to demonstrate that mitigation steps were taken. Failing to make such efforts can reduce or eliminate the damages a housing provider is entitled to collect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
D.C. Code § 42-3505.52 provides tenants with a meaningful protection: if a housing provider claims damages after a tenant leaves early or refuses possession, the provider is legally required to try to limit those losses. Tenants who face damage claims in these situations may be able to raise the housing provider's failure to mitigate as a defense in court or before a relevant tribunal. Consulting a tenant-rights organization familiar with District of Columbia landlord-tenant law can help tenants understand how this duty applies to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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