Washington Lease Agreement

Required Landlord Disclosures (9)

1. Lead-Based Paint and Hazards: Landlords who own homes built before 1978 must include a lead-based paint and hazard disclosure form and an EPA Pamphlet.

2. Fire Safety and Protection: Washington law requires landlords to give all tenants written notice about safety features, such as fire alarms, sprinklers, smoke detectors, and emergency notification and evacuation plans (59.18.060.12a). Seattle requires disclosure of whether there are working fire alarms and sprinkler systems in multi-family units.

3. Landlord Identification: Tenants must be notified of the identity of the landlord or property manager for any Washington properties, either by written notice or a conspicuous notice posted on the property (59.18.060.15).

4. Mold Health Hazards: Landlords must either provide individual written notice or conspicuously post a communal notice with information from Washington’s Department of Health regarding mold health risks and how to control mold growth (59.18.060.13).

5. Security Deposit Checklist and Receipt: To collect security deposits from tenants in Washington, landlords must provide both a checklist describing the rental property’s condition, cleanliness, and existing damages and a notice listing the name and address of the financial institution holding the security deposit (59.18.260.2 and 59.18.270).

6. Nonrefundable Fees: Washington law requires the lease to state all nonrefundable fees in the agreement (59.18.285).

7. Voter Pamphlet (Seattle-specific): Landlords whose rental property falls within Seattle city limits must provide any tenants or prospective tenants with a voter registration pamphlet (7.24.080). Tacoma, WA, residents must receive Tacoma’s Tenant Bill of Rights pamphlet.

8. Occupancy: Tacoma, WA leases require disclosure of the number of occupants allowed on the premises and a description of all uninhabitable spaces, such as attics and garages.

9. Notarization: All Washington leases over 12 months must be notarized.

Security Deposit Regulations

Maximum Security Deposit Amount: Washington state landlords can charge a maximum of 25% of the first month’s rent for a security deposit (59.18.253). Seattle landlords can charge up to one month’s rent for a security deposit but must allow tenants to pay the deposit in installments.

Receipt of Deposit: Washington law requires landlords to provide tenants with a written receipt for the security deposit that lists the name and address of the financial institution holding the security deposit. Landlords must also notify tenants of any changes (59.18.270).

Interest: Landlords must promptly deposit all security deposits with a financial institution or licensed escrow agent located in Washington. The landlord has the right to keep any interest accrued in the account (59.18.270).

Deduction Tracking: When returning a security deposit, Washington landlords must provide a written notice detailing any deductions for repairs. The landlord must include invoices for all contracted repairs. If the landlord or their employee did the repairs, the notice must include receipts for materials or supplies and a statement of the time spent on repairs (59.18.280.1a-b).

Returning a Tenant’s Security Deposit: Landlords must return security deposits to tenants within 30 days of the termination of the lease or if the landlord discovers that the tenant has abandoned the property (after providing a statement of applicable withholdings). Security deposits must be returned personally to the tenant or sent via first-class USPS mail to the tenant’s last known address (59.18.280.1a).

Landlord’s Access to Property

Advance Notice: Washington landlords must give 2 days’ written notice before entering a property. The notice must include the date and time (or window of time) that the landlord will enter, the reason for entry, and a phone number that the tenant can use to object to or reschedule the entry (59.18.150.6)

Immediate Access: Washington law allows landlords to enter a property immediately and without notice in emergencies or if the tenant abandons the property (59.18.150.5).

Landlord Harassment: After receiving one written notification of improper entry, Washington landlords may be liable for $100 per additional entry violating their tenant’s rights and may have to pay their tenant’s attorney fees (59.18.150.8). Repeat violations may allow tenants to legally break their lease under Washington’s “unlawful harassment” provision (59.18.575.1).

Rent Payment Laws

Grace Period: In Washington, tenants have a five-day grace period after the due date to pay rent (59.18.170.2).

Late Rent Fees: Five days after the due date, Washington landlords can charge a late fee of $20 or 20% of one month’s rent, whichever is greater (19.150.150).

Tenant’s Right to Withhold Rent: Washington laws allow tenants to withhold up to one month’s rent if the repairs can be done by the tenant or up to two months’ rent if the repairs need to be done by a skilled or licensed repair worker (59.18.100).

Breach of Rental Agreement

Missed Rent Payment: Washington laws allow landlords to charge late fees (59.18.170.2) or issue a 14-day notice to pay or vacate (59.18.057).

Lease Violation: In response to lease violations, Washington landlords can issue a 10-day notice to cure or quit. If the tenant has four lease violations in 12 months, the landlord can issue a 60-day eviction notice with no option to cure (59.12.030.4 and 59.18.650.1n.i). If the tenant significantly damages the unit, breaks the law, or creates a nuisance, landlords can issue a 3-day notice to quit (59.12.030.5).

Self-Help Evictions: Self-help evictions are illegal in Washington and should not be attempted (59.18.290).

Lease Abandonment: In Washington, tenants who abandon their lease early must pay the remaining rent owed for the duration of the lease or the rent owed for the duration it took the landlord to find a new tenant, whichever is less (59.18.310.1).

Ending a Lease

Month-to-Month: Washington landlords cannot terminate a month-to-month lease without a valid reason, such as missed rent payments or lease violations. Exceptions exist for selling the rental unit, changing its designated use, or using it for the landlord’s family. Tenants may terminate the lease with 20 days’ notice (59.18.650 and 59.18.200).

Fixed-Term: Tenants can legally break a lease early in Washington for several reasons, including military service relocation (59.18.220), being a victim of domestic violence, sexual assault, unlawful harassment, or stalking (59.18.575), threatening behavior by another tenant or the landlord (59.18.352 and 59.18.354), or failure of their landlord in upholding their legal repair duties (59.18.090).

Property Abandonment: If a tenant abandons a property during their lease term, Washington landlords may immediately remove the tenant’s possessions, store them securely, and provide the tenant with written notice of pending disposal unless the tenant requests the items back. Property worth less than $250 can be sold or disposed of 7 days after the notice (except for personal papers or family keepsakes). Property worth over $250 can be sold or disposed of 45 days after the notice (59.18.310).

Renewing a Lease

Required Renewals: Washington landlords are not required to let tenants with fixed-term leases between 6 and 12 months renew after the initial lease period. However, tenants with month-to-month or other periodic leases are entitled to indefinite renewal unless the landlord has a valid reason to terminate the lease (59.18.650).

Required Notice: Washington landlords must give tenants with 6-12 month fixed-term leases 60 days’ notice prior to the expiration of the initial lease period (59.18.650.1b.ii). For month-to-month and periodic leases, termination notice requirements are as follows: selling the rental unit (90 days), changing its designated use (120 days), or using it for the landlord’s family (90 days) (59.18.650 and 59.18.200).

Rent Increases. Seattle landlords must give at least 180 days advance notice of any rent increases. Check the laws of your municipality for required notices.

Rent Control & Stabilization

Rent control and stabilization laws do not exist in Washington. In 1981, the state passed legislation prohibiting local municipalities from enacting rent control laws (35.21.830).