Washington
This article provides a quick overview of some key Washington Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Washington Statutes cited below to research this information and it should be a good starting point in learning about the law.
Washington Commercial Lease Agreement
Washington Landlord Tenant Key Rules
Official Washington Forms:
Security Deposit
| TOPIC | RULE |
| Security Deposit Maximum: | No statute. |
| Security Deposit Interest: | The landlord is entitled to receipt of interest paid on trust account deposits, unless otherwise agreed to by both parties in writing. Wash. Rev. Code § 59.18.270 |
| Separate Security Deposit Bank Account: | A separate bank account is required to hold security deposits. Wash. Rev. Code § 59.18.270 |
| Non-refundable fees: | Non-refundable fees are permitted, but they must be part of the security deposit. They must be clearly specified as “non-refundable fees” in the written lease agreement. Wash. Rev. Code § 59.18.285 |
| Pet Deposits and Additional Fees: | Pet deposits are permitted. Wash. Rev. Code § 59.18.285 |
| Deadline for Returning Security Deposit: | Landlords must return the security deposit within 21 days. Wash. Rev. Code § 59.18.280 |
| Permitted Uses of the Deposit: | No statute. |
| Security Deposit can be Withheld: | No statute. |
| Require Written Description/Itemized List of Damages and Charges: | The landlord is required to provide a tenant with an itemized list of damages and charges in writing. Wash. Rev. Code § 59.18.280 |
| Receipt of Security Deposit: | The landlord shall provide a written receipt for all deposits and must provide written notice of the name, address, and location of the depository (and any subsequent change thereof). Wash. Rev. Code § 59.18.270 |
| Record Keeping of Deposit Withholdings: | Not statute. |
| Failure to Comply: | If the landlord collects a security deposit without providing the mandatory written checklist of the commencement of the tenancy, the landlord is liable to the tenant for the entirety of the deposit amount. The prevailing party is entitled to recover court costs and reasonable attorneys’ fees. Wash. Rev. Code § 59.18.260 |
Lease, Rent & Fees
| TOPIC | RULE |
| Rent is Due: | No statute. |
| Payment Methods: | No statute. |
| Rent Increase Notice: | A 30-day written notice is required for month-to-month leases. Wash. Rev. Code § 59.18.140 |
| Late Fees: | No statute. |
| Application Fees: | No statute. |
| Prepaid Rent: | No statute. |
| Returned Check Fees: | Returned check fees are allowed, but must not exceed $40.00, or the face amount of the check – whichever is less. Wash. Rev. Code § 62A.3-515 |
| Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): | The tenant is allowed to withhold payment, but must also notify the appropriate government authorities. The tenant must also deposit the withheld rent into an escrow account. Wash. Rev. Code § 59.18.115 |
| Tenant Allowed to Repair and Deduct Rent: | If a rental unit requires repairs that the landlord is responsible for, and the landlord fails to make these repairs in a timely manner, tenants have the right to make repairs themselves. The tenant is able to deduct the cost of the repairs from their rent, subject to certain conditions.
Repairs Requiring a Licensed Professional: – If the repair requires a licensed professional (ex: electrical, plumbing, or other specialized work), the tenant must: Provide the landlord with an estimate of the repair costs before the work is performed. Ensure that the total cost of the repair does not exceed the total of two months’ rent. Repairs Not Requiring a Licensed Professional: – For repairs that do not require a licensed professional (ex: basic maintenance or cosmetic repairs), the tenant is allowed to perform the repairs themselves. However, there are limits: The cost of repairs must not exceed one month’s rent.The total cost of repairs that a tenant deducts from rent in a 12-month period cannot exceed one month’s rent in total. Was. Rev. Code § 59.18.100 |
| Self-Help Evictions: | No statute. |
| Landlord Allowed to Recover Court and Attorney’s Fees: | The landlord is allowed to recover court and attorney fees. Wash. Rev. Code § 59.18.280 |
| Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: | The landlord must make a reasonable attempt. Wash. Rev. Code § 59.18.310 |
Notices and Entry
| TOPIC | RULE |
| Notice to Terminate Tenancy: | No notice is required because the lease simply expires. Wash. Rev. Code § 59.04.030 |
| Notice to Terminate a Periodic Lease – Month-to-Month: | Landlords are required to give 20 days or more of notice from the lease expiration. Less than 20 days’ notice is permitted for any tenant who is a member of the armed forces or receives orders of deployment. Wash. Rev. Code § 59.18.200(1a-b) |
| Notice to Terminate a Periodic Lease – Week-to-week: | No statute. |
| Notice to Terminate Lease due to Sale of Property: | No statute. |
| Notice of date/time of Move-Out Inspection: | No statute. |
| Notice of Termination for Nonpayment: | Landlords are required to give tenants three days’ notice. Wash. Rev. Code § 59.12.030(3) |
| Notice for Lease Violation: | Landlords are required to give tenants 10 days’ notice. If there is illegal or nuisance activity, landlords are required to give three days’ notice. Wash. Rev. Code § 59.12.030 |
| Required Notice before Entry: | Landlords must give two days’ notice.` Wash. Rev. Code § 59.18.150(6) |
| Entry Allowed with Notice for Maintenance and Repairs: | Entry is permitted with notice. Wash. Rev. Code § 59.18.150(6) |
| Emergency Entry Allowed without Notice: | Yes, emergency entry without notice is allowed. Wash. Rev. Code § 59.18.150(5) |
| Entry Allowed During Tenant’s Extended Absence: | No statute. |
| Entry Allowed with Notice for Showing the Property: | Landlords may enter to show the property but must give at least one day’s notice. Wash. Rev. Code § 59.18.150(6) |
| Notice to Tenants for Pesticide Use: | No statute. |
| Lockouts Allowed: | Lockouts are not allowed. Wash. Rev. Code § 59.18.290 |
| Utility Shut-offs Allowed: | No, the landlord is obligated to pay actual damages plus $100/day of disrupted service. They are also responsible for any court/attorney costs. Wash. Rev. Code § 59.18.300 |
| Electronic Notices Allowed: | no |
Disclosures
- Name and Addresses: Landlord must disclose name and address of owner and agent. (Wash. Rev. Code § 59.18.060)
- Copy of the Lease: Tenant must receive a copy of the lease. (Wash. Rev. Code § 59.18.065)
- Domestic Violence Situations: Victims may terminate lease with proof. (Wash. Rev. Code § 59.18.575)
Duties
Landlord’s Duties
- Compliance: Must comply with housing codes. (Wash. Rev. Code § 59.18.060)
- Repairs: Maintain habitable premises. (Wash. Rev. Code § 59.18.060)
- Common Areas: Keep clean and safe. (Wash. Rev. Code § 59.18.060)
- Maintenance: Provide essential services. (Wash. Rev. Code § 59.18.060)
- Garbage: Provide waste removal. (Wash. Rev. Code § 59.18.060)
Tenant’s Duties
- Cleanliness: Maintain unit clean. (Wash. Rev. Code § 59.18.130)
- Trash: Dispose properly. (Wash. Rev. Code § 59.18.130)
- Plumbing: Use fixtures properly. (Wash. Rev. Code § 59.18.130)
- Appliances: Use responsibly. (Wash. Rev. Code § 59.18.130)
- Damage: Avoid damaging property. (Wash. Rev. Code § 59.18.130)
- Quiet Enjoyment: Do not disturb others. (Common law)
- Subleasing: Permitted with consent. (Lease-specific)
- Retaliation: Not permitted. (Wash. Rev. Code § 59.18.240)
- Lead Disclosure: Required by federal law.