Washington Rental Laws

by on with No Comments

This article summarizes some key Washington Landlord-Tenant laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing and you have a responsibility to perform your own research when applying the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by the state bar association.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: No Statute
  • Deadline for Returning Security Deposit: 21 days (RCW §§ 59.18.280)
  • Security Deposit Interest: Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. (RCW §§ 59.18.270)
  • Separate Security Deposit Bank Account: Required (RCW §§ 59.18.270)
  • Non-refundable Fees: Allowed, but they must not be part of the security deposit, and must be clearly designated as a “non-refundable fee” in a written lease agreement. (RCW §§ 59.18.285)
  • Pet Deposits and Additional Fees: Allowed (RCW §§ 59.18.285)
  • Require Written/Signed Move-In Checklist: No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. (RCW §§ 59.18.260)
  • Require Itemized List of Damages and Charges: Yes (RCW §§ 59.18.280)
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: Yes, the landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. (RCW §§ 59.18.270)
  • Failure to Comply: If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys’ fees. (RCW §§ 59.18.260)

Lease, Rent & Fees:

  • When Rent Is Due: No Statute
  • Rent Increase Notice: 30-day written notice for month-to-month leases. (RCW §§ 59.18.140)
  • Rent Receipt: A landlord shall provide a receipt for any payment made by a tenant in the form of cash and upon the request of a tenant, a written receipt for any payments made in a form other than cash. (RCW §§ 59.18.063)
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: Allowed, but must not exceed forty dollars or the face amount of the check, whichever is less. I recommend using Cozy to prevent bounced checks. (RCW §§ 62A.3-515)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but tenant must also notify government authorities and must deposit the withheld rent into an escrow account. (RCW §§ 59.18.115)
  • Tenant Allowed to Repair and Deduct Rent: Yes
    • If the repair requires a licensed professional, the tenant must provide the landlord with an estimate before the work is performed and the cost of the repair must not exceed two month’s rent. (RCW §§ 59.18.100)
    • If the repair does not require a licensed professional, the tenant may repair the defective condition in a workmanlike manner and the cost of the repair must not exceed one month’s rent. The total costs of repairs deducted in any twelve-month period under this subsection shall not exceed one month’s rent. (RCW §§ 59.18.100(3))
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (RCW §§ 59.18.280, 59.18.290)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (RCW §§ 59.18.310)
  • Abandonment: Landlord can store and eventually sell the tenant’s personal property to compensate for damage. Landlord must follow specific instructions found in RCW §§ 59.18.310(b).

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires. (RCW §§ 59.04.030)
  • Notice to Terminate Tenancy – Month-to-Month Lease (or other periodic term): 20 days or more from lease expiration. Less than 20 days notice is allowed for any tenant who is a member of the armed forces and receives deployment orders. (RCW §§ 59.18.200(1a-b))
  • Termination of Unapproved Tenancy (Squatters): Unapproved tenant is liable for rent for the time he/she occupied the dwelling and must turnover the premise immediately at the demand of the owner. (RCW §§ 59.04.050)
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Termination of All Other Leases for Nonpayment: 3 days (RCW §§ 59.12.030(3)
  • Termination for Lease Violation: 10 days (RCW §§ 59.12.030(4)), 3 days for illegal or nuisance activity. (RCW §§ 59.12.030(5))
  • Required Notice before Entry: Two days (RCW §§ 59.18.150(6))
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (RCW §§ 59.18.150(6))
  • Entry Allowed with Notice for Showings: Yes, only one day’s notice is required. (RCW §§ 59.18.150(6))
  • Emergency Entry Allowed without Notice: Yes (RCW §§ 59.18.150(5))
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No (RCW §§ 59.18.290) (pdf)
  • Utility Shut-offs Allowed: No. Landlord may be obligated to pay actual damages plus $100 per day of disrupted service plus court/attorney costs. (RCW §§ 59.18.300)

Disclosures and Miscellaneous Notes:

  • Official Duties of Landlord: For a detailed summary, read RCW §§ 59.18.060.
  • Official Duties of Tenant: For a detailed summary, read RCW §§ 59.18.130.
  • Name and Addresses: The landlord must designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. (RCW §§ 59.18.060)
  • Copy of the Lease: For written rental agreements, the landlord shall provide an executed copy to each tenant who signs the rental agreement. The tenant may request one free replacement copy during the tenancy. (RCW §§ 59.18.065)
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on Lead-based paint hazards.
  • Adverse Action Notice: If rejecting an applicant during the screening process, the landlord must give notice using the template found in RCW §§ 59.18.257.
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status. Tenant must complete the form found in RCW §§ 59.18.575(1b).
    • Termination of Lease: A tenant is allowed to terminate a lease with proof of Domestic Violence status, however the request to terminate must happen within 90 days from the incident date. (RCW §§ 59.18.575(1b))
    • Landlord Cannot Terminate Lease: A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant’s or applicant’s or a household member’s status as a victim of domestic violence, sexual assault, or stalking. (RCW §§ 59.18.580)
    • Landlord Cannot Fail to Renew: A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant’s or applicant’s or a household member’s status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under RCW 59.18.575. (RCW §§ 59.18.580)
    • Responsibility of Rent: Depending on the situation, the tenant may still be liable for the rent for the month in which he or she terminated the rental agreement. Read RCW §§ 59.18.575(2) and RCW §§ 59.18.575(3) for clarification.
    • Locks: Tenant is allowed to add locks to the dwelling at the tenant’s expense. (RCW §§ 59.18.575(4), 59.18.585)
  • Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority or has exercised his or her legal rights and remedies in the last 90 days. (RCW §§ 59.18.240, 59.18.250)
  • City of Seattle: Landlords with units in Seattle must include The Summary of Washington State and City of Seattle Landlord/Tenant Regulations as addendums to the lease.

Court Related:

Business Licenses:

  • Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.
  • Seattle Rental Registration: Rental properties in Seattle must be registered with the Department of Planning and Development. (source) (SMC §§ 22.214)

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.