Washington Sublease Agreement
A Washington sublease agreement is a legal contract that enables a tenant, referred to as the “Sublessor,” to rent out all or part of their property to another individual, known as the “Sublessee”. This arrangement allows the Sublessee to occupy the property without the Sublessor having to terminate their original lease.
Washington Sublease Agreement
Right to Sublet
In Washington, tenants must obtain explicit written permission from their landlord to sublet their rental property. The law does not inherently grant tenants the right to sublet; this is typically governed by the terms outlined in the original lease agreement. If the lease is ambiguous regarding subletting, tenants are advised to contact their landlord for clarification. Even with consent, landlords retain the authority to reject a subtenant based on qualifications, such as providing false information or having a criminal history.
Components of a Sublease Agreement
A Washington sublease agreement should include the following essential components:
- Names of the Parties: Identification of the Sublessor and Sublessee.
- Term: The start and end dates of the sublease.
- Rent: The amount of rent, payment schedule, and payment method.
- Rental Unit Location: The address of the rental unit as specified in the original lease.
- Authorized Occupants: Identification of the new subtenant(s) and any policies regarding guests.
- Landlord’s Consent: A section detailing how the landlord’s consent is obtained.
- Liability: Responsibilities for damages and obligations to the landlord.
- Master Lease Inclusion: Attachment of the original lease and any exceptions.
- Lead-Based Paint Notice: Required notice if the property was built before 1978.
- Security Deposit: Information on the security deposit, including return timelines.
- Pet Deposit: Any applicable pet fees or deposits.
- Return of Security Deposit: Obligations regarding the return of the security deposit.
- Inventory of Included Items: A list of items included in the rental.
- Improvements to the Rental Unit: Conditions regarding changes to the unit.
- Utilities: Specification of utility payment responsibilities.
- Disputes: Procedures for resolving disputes between parties.
- General Conditions: Statement regarding the agreement’s completeness and modification.
- Parking Policy: Parking arrangements and any associated fees.
- Signature: Signatures of all parties involved.
Security Deposit Obligations
In Washington, a sublessor is required to return the subtenant’s security deposit within 21 days of the end of the sublease. Additionally, a sublessor must provide a 14-day written notice to the subtenant to pay rent or vacate the property, and a 20-day written notice if they intend not to renew the sublease or the original lease.
Tax Obligations
Sublessors in Washington may be subject to state and local taxes if they sublet for fewer than 30 consecutive nights. The applicable taxes may include:
- State Sales Tax: 6.5%
- Local Sales Tax: Varies by location
- Transient Lodging Tax: Up to 2%, depending on local regulations
Tax filing frequency is determined by the annual tax liability:
- Monthly: Due on the 25th of each month for liabilities greater than $4,800 per year.
- Quarterly: Due on the last day of the month following the tax quarter for liabilities between $1,050 and $4,800 per year.
- Yearly: Due on April 15 for liabilities less than $1,050 per year.
Payments should be remitted to the Washington State Department of Revenue. Operators are responsible for collecting and sending all relevant lodging taxes unless a platform, such as Airbnb, handles this.
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
FAQs
Yes, in Washington, tenants generally need to obtain explicit written permission from their landlord to sublet their apartment. The law does not inherently grant tenants the right to sublet, and landlords can reject a subtenant if they believe the subtenant is unqualified.
If you sublet for fewer than 30 consecutive nights in Washington, you may be subject to state and local taxes, including a 6.5% state sales tax and applicable local lodging taxes. It’s important to check local regulations as tax rates can vary by location.
A Washington sublease agreement should include the names of the parties, the term of the sublease, rent details, authorized occupants, landlord’s consent, security deposit terms, and any specific conditions regarding utilities and improvements to the rental unit.
In Washington, a landlord must return any unused portion of a security deposit within 30 days of the end of the lease, along with a written statement of deductions if any are made. However, the sublessor is responsible for returning the subtenant’s security deposit within 21 days.
If your landlord refuses to allow you to sublet, you must comply with their decision unless your original lease explicitly allows subletting without permission. You may need to explore other options, such as finding a different arrangement or negotiating with your landlord.
Yes, as a sublessor in Washington, you can charge your subtenant a security deposit. However, Washington law does not limit the maximum amount for a security deposit, but local jurisdictions may have their own regulations regarding this.
In Washington, a short-term rental is defined as an accommodation offered for rent for fewer than 30 consecutive nights. This classification triggers specific tax obligations, including state and local sales taxes.
As a sublessor in Washington, you have the right to rent out your property, but you must comply with the terms of your original lease and obtain your landlord’s permission to sublet. You also retain liability for any damages caused by your subtenant.