Washington

Required Lease Disclosures

Washington law mandates specific disclosures that landlords must provide to tenants as outlined in the Revised Code of Washington (RCW) Chapter 59.18:

• Disclosure of Lead-Based Hazards: Landlords of buildings constructed before 1978 must inform tenants about potential lead-based hazards.
• Fire & Life Safety Disclosure: Landlords must provide tenants with fire safety information and an evacuation plan.
• Identification of Landlord or Authorized Agents: Landlords must disclose the name and address of the person authorized to enter the property.
• Disclosure of Mold: Landlords must inform tenants about known mold contamination and provide educational materials from the Washington State Department of Health regarding mold control and health risks.
• Rental Inspection Checklist: Both parties must acknowledge and agree on the condition of the rental unit before moving in and out.
• Notice of Non-Refundable Deposit: Any non-refundable fees must be clearly stated in the lease agreement.

Security Deposit

• Maximum Amount: The maximum security deposit a landlord can charge is 25% of the first month’s rent.
• Receipts: Landlords must provide written receipts and disclose where the security deposit is held.
• Interest Payments: Landlords are entitled to any interest earned on trust account deposits unless agreed otherwise in writing.
• Bank Account: Security deposits must be placed in a trust account at a financial institution or with a licensed escrow agent in Washington.
• Returning Requirements: Security deposits must be returned to the tenant within 30 days after the tenancy ends.
• Withholding Rules: Landlords must provide copies of estimates or invoices to justify any damage charges.

Rent Payments

• Payment Timing: Rent is typically due by the first of the month.
• Rent Control: There are no rent control laws in Washington; landlords can set their own rent amounts.
• Late Fees and Grace Period: Late fees can be no more than the greater of $20 or 20% of the monthly rent. A 5-day grace period is required for late payments. After this period, landlords can issue a 14-day notice to quit for non-payment.
• Withholding Rent: Tenants may use up to two months’ rent to pay for repairs if the landlord neglects necessary maintenance.

Landlord Right of Entry

• Notice Requirements: Landlords must provide 48 hours’ notice before entering the premises, except in emergencies.
• Keys, Locks, and Security: Tenants may add or change locks at their own expense.

Property Repairs

• Landlord Responsibilities: Landlords must maintain the premises in a habitable condition, ensuring compliance with applicable regulations and keeping shared areas clean and safe.
• Tenant Responsibilities: Tenants must properly use fixtures and appliances, dispose of waste appropriately, and maintain cleanliness in their area.
• Abandonment: While no specific period defines abandonment, landlords may charge tenants for the lesser of remaining rent or accumulated rent from the abandonment date until a new lease is initiated.

Seattle Requirements

In Seattle, landlords are required to include the Washington Statute and Seattle Laws on Property Owner and Tenant Rights and Responsibilities as addendums to the lease.

Terminating a Lease

• Month-to-Month Tenancy: A landlord must provide a 20-day notice to quit to terminate a month-to-month tenancy.
• Unclaimed Property: Landlords must store abandoned property and notify tenants about disposal after seven days for items worth less than $250 or after 45 days for items worth more than $250.

Statutes

• Washington RCW §§ 59.18.060 – Landlord-Duties
• Washington RCW §§ 59.18.130 – Duties of tenant
• RCW §§ 59.18.280 – Moneys paid as deposit or security for performance by tenant-Statement and notice of basis for retention-Remedies for landlord’s failure to make refund-Exception
• Wash. Rev. Code § 59.18.270 – Moneys paid as deposit or security for performance by tenant-Deposit by landlord in trust account-Receipt-Remedies under foreclosure-Claims
• Wash. Rev. Code § 59.18.285 – Nonrefundable fees not to be designated as deposit-Written rental agreement required-Remedies
• Wash. Rev. Code § 59.18.260 – Moneys paid as deposit or security for performance by tenant-Written rental agreement to specify terms and conditions for retention by landlord-Written checklist required
• Wash. Rev. Code § 59.18.063 – Landlord-Written receipts for payments made by tenant
• Wash. Rev. Code § 62A.3-515 – Checks dishonored by nonacceptance or nonpayment; liability for interest; rate; collection costs and attorneys’ fees; satisfaction of claim
• Wash. Rev. Code § 59.18.115 – Substandard and dangerous conditions-Notice to landlord-Government certification-Escrow account
• Wash. Rev. Code § 59.18.100 – Landlord’s failure to carry out duties-Repairs effected by tenant-Procedure-Deduction of cost from rent-Limitations
• Wash. Rev. Code § 59.18.310 – Default in rent-Abandonment-Liability of tenant-Landlord’s remedies-Sale of tenant’s property by landlord, deceased tenant exception
• Wash. Rev. Code §59.04.030 – Tenancy for specified time-Termination
• Wash. Rev. Code § 59.18.200(1a-b) – [Effective 1/1/2028] Tenancy from month to month or for rental period-End of tenancy-Armed forces exception-Exclusion of children-Conversion to condominium-Demolition, substantial rehabilitation of the premises-Notice
• Wash. Rev. Code § 59.04.050 – Tenancy by sufferance-Termination
• Wash. Rev. Code § 59.12.030(3) – Unlawful detainer defined
• Wash. Rev. Code § 59.12.030(4) – Unlawful detainer defined
• Wash. Rev. Code § 59.12.030(5) – Unlawful detainer defined
• Wash. Rev. Code § 59.18.150(6) – Landlord’s right of entry-Purposes-Searches by fire officials-Searches by code enforcement officials for inspection purposes-Conditions
• Wash. Rev. Code § 59.18.150(5) – Landlord’s right of entry-Purposes-Searches by fire officials-Searches by code enforcement officials for inspection purposes-Conditions
• Wash. Rev. Code § 59.18.290 – Removal or exclusion of tenant from premises-Holding over or excluding landlord from premises after termination date-Attorneys’ fees
• Wash. Rev. Code § 59.18.300 – Termination of tenant’s utility services-Tenant causing loss of landlord provided utility services
• Wash. Rev. Code § 59.18.060 – Landlord-Duties
• Wash. Rev. Code § 59.18.130 – Duties of tenant
• Wash. Rev. Code § 59.18.065 – Landlord-Copy of written rental agreement to tenant
• Wash. Rev. Code § 59.18.257 – Screening of prospective tenants-Notice to prospective tenant-Costs-Adverse action notice-Violation
• Wash. Rev. Code § 59.18.575(1b) – Victim protection-Notice to landlord-Termination of rental agreement-Procedures
• Wash. Rev. Code § 59.18.575(2-3) – Victim protection-Notice to landlord-Termination of rental agreement-Procedures
• Wash. Rev. Code § 59.18.575(4) – Victim protection-Notice to landlord-Termination of rental agreement-Procedures
• Wash. Rev. Code § 59.18.580 – Victim protection-Limitation on tenant screening service provider disclosures and landlord’s rental decisions
• Wash. Rev. Code § 59.18.240 – Reprisals or retaliatory actions by landlord-Prohibited
• Wash. Rev. Code § 59.18.250 – Reprisals or retaliatory actions by landlord-Presumptions-Rebuttal-Costs