Find out when a tenant can legally break a lease in Washington, when they can’t, and whether or not a landlord is required by Washington law to make reasonable effort to rerent.
Before we address the legally acceptable reasons to get out a lease early without penalty, it’s important to know the notice requirements in Washington to end a tenancy in general.
Lease Termination Notice Requirements in Washington
In Washington, a tenant is not required to provide notice for fixed end date leases, the lease expires on the last day of the lease (RCW §§ 59.04.030). Washington tenants have to provide written notice for the following lease term:
- Notice to terminate a month-to-month lease. 20 days or more from lease expiration.
Conditions for Legally Breaking a Lease in Washington
There are a handful of scenarios where a tenant can legally break a lease in Washington without penalty. We’ll go through each of them below.
1. Early Termination Clause
Some modern lease agreements may provide specific terms that would allow a tenant to terminate a lease early in exchange for a penalty fee. Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e. equal to 2 month’s rent) and the amount of notice required (i.e. 30 days).
If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid.
2. Active Military Duty
The Servicemembers Civil Relief Act (SCRA) helps protect active service members who are relocated due to deployment or permanent change of station. The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge.
To break a lease in accordance with the relief act, a tenant must:
- Prove the lease was signed before entering active duty
- Prove they will remain on active duty for at least the next 90 days
- Deliver a written notice to the landlord (example, page 2), accompanied by a copy of the orders to deploy / PCS or a letter from their commanding officer stating their pending deployment.
With that said, the lease does not terminate immediately. Once the notice is delivered, the earliest the lease can terminate is 30 days after the beginning of the next rent period. So for example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st (meaning, rent is still due for the month of April).
In Washington, the term “servicemember” means a member of the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.
3. Unit is Uninhabitable
Every state has specific health and safety codes that provide minimum standards for rental units, and Washington is no different.
If those standards are not met, proper notice is given by the tenant and the repairs/fixes are still not made within the allowable time period, a tenant would be considered “constructively evicted”. As a result, the obligations of the tenant under the lease are no longer required, given that the landlord has not met their own responsibilities under the Washington landlord-tenant law.
According to Washington state law (RCW 59.18.060), landlord duties to provide habitable premises include the following:
- Compliance. Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant.
- Maintain. The structural components including, but not limited to, the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components, in reasonably good repair so as to be usable. Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order and the dwelling unit in reasonably weathertight condition.
- Common Areas. Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident.
- Infestation. Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant.
- Repair. Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy.
- Locks. Provide reasonably adequate locks and furnish keys to the tenant and maintain and safeguard with reasonable care any master key or duplicate keys to the dwelling unit.
- Garbage. Except in the case of a single-family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste.
- Heat and water. Provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant.
4. Landlord Harassment or Privacy Violation
If the action is serious enough, harassment by a landlord or their violation of a tenant’s privacy may be enough justification for relieving a tenant of their obligations of the lease.
- Landlord entry. Washington state law states that the landlord must give 2 days notice to enter the rental property (RCW §§ 59.18.150(6)). If your landlord repeatedly violates your rights to privacy or does removes windows or doors, turns off your utilities, or changes the locks, you would be considered “constructively evicted,” as described above.
- Changing the locks. In some states, if the locks are changed by a landlord without the tenant’s permission or without the protection of specific language in the lease agreement, this can qualify as being “constructively evicted”, and could relieve the tenant of their duties of the lease. In Washington, lockouts are not permitted. (RCW §§ 59.18.290)
5. Domestic Violence
Washington provides tenants who are victims of domestic violence with special rental provisions for their protection. If you are confronting a domestic violence situation (this can also be stalking), and want to move, check with local law enforcement regarding special state laws that may apply in domestic violence situations. Some statutes the state of Washington provides for victims of domestic violence include:
- Proof of Status. The landlord is entitled to verify the claim of Domestic Violence status. (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. (RCW §§ 59.18.575(2) and RCW §§ 59.18.575(3))
- Locks. Tenant is allowed to add locks to the dwelling at the tenant’s expense. (RCW §§ 59.18.575(4), 59.18.585)
Examples of Insufficient Justification for Lease Breaking in Washington
The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease.
- They bought a house
- They are relocating for a new job or school
- They are upgrading or downgrading
- They are moving in with a partner
- They are moving to be closer to family
Since state landlord-tenant laws vary, the following reasons may legally permit a tenant to terminate their tenancy early in other states but are not applicable in Washington:
- Violation of the lease agreement. If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their own obligations (i.e. illegally raising the rent during the fixed period).
- Illegal contract. In some scenarios, a lease agreement may be deemed illegal and as a result, is generally not enforceable.
- Mandatory disclosures. Many state and local laws require landlords to disclose documentation, policies, or specific unit information to tenants prior to moving in. Disclosure laws typically impose heavy fines or legal ramifications to landlords if they are not followed. In rare cases, they contain penalty provisions that may allow you to break your lease.
- Senior citizen or health issue. Some states offer age or health-related lease-breaking arrangements that permit early lease termination.
Breaking a lease for any of the above reasons or in any conditions not previously outlined can have tangible consequences for tenants.
Landlord’s Responsibility to Rerent in Washington
Washington state law does require landlords to take reasonable steps to rerent their unit when a tenant breaks their lease. This is referred to as the landlord’s duty to “mitigate damages”. This means that if you leave your lease early and your landlord rerents the unit before your lease ends, then the rent received from the new tenant will apply to your debt.
According to Washington code RCW §§ 59.18.310, your landlord must make reasonable efforts to rerent their unit instead of charging you for the total remaining rent due under the lease. If your landlord rerents the property quickly, all you’ll be responsible for is the amount of time the unit was vacant.
Keep in mind, not all landlords are aware of their duty to mitigate. If your landlord demands payment for the remaining balance of your lease, you may want to notify them of your state’s law.
Washington tenants who break their lease early without proper justification should still plan on losing at least one month’s rent, even though the landlord has a responsible to rerent. In Washington and other states where the law requires the landlord to make a reasonable effort to rerent, judges in civil courts commonly award landlords with at least one month’s rent, no matter how quickly the unit is rented.
Tenant’s Right to Sublet in Washington
If your lease does not prohibit subletting, then you are in the clear to do so. However, your lease might contain a clause requiring you to obtain your landlord’s approval prior to subletting. To get landlord approval you will want to send them a letter through certified mail, with a return receipt requested, outlining the terms of the sublet lease agreement. Certified mail is the only proof of delivery that most courts will accept in case you need proof that you notified your landlord.
The letter should include the following information:
- Sublet term
- Name of proposed subtenant or assignee
- The permanent home address of proposed subtenant or assignee
- Your reason for subletting or leaving permanently
- Your new address during the sublease if applicable
- The written consent of any co‑tenant
- A copy of the proposed sublease
If your landlord rejects your request, know that they can only refuse the proposed subtenant based on legitimate factors. The law says your landlord cannot unreasonably refuse your sublet.