Breaking a lease in Washington isn’t always straightforward, but tenants have legal options that allow them to exit without any penalties. This guide outlines those rights, explains the possible outcomes, and highlights steps both tenants and landlords can take to handle early lease termination properly.
Legal Reasons to Break a Lease Early in Washington
In Washington, both landlords and tenants can sometimes end a lease before it officially expires. These situations are limited, but the law does allow early termination in specific cases, such as:
1. Active Duty Military
Federal law gives tenants the right to break a lease early when they are called to active military service. This protection applies to service members ordered to deploy or relocate permanently, commencing on the first day of active duty and continuing for 30 to 90 days after discharge.
To qualify, the tenant must have served on active duty in the military, the Reserve, or the National Guard for more than 30 days, or have served as a commissioned officer in the Public Health Service or NOAA. The protection only applies if permanent change of station or deployment orders of 90 days or longer were issued before the tenant signed the lease.
Tenants must also provide landlords with written notice and documentation. The lease will not end immediately. Instead, it terminates no sooner than 30 days after the next rent period begins, giving both sides time to adjust.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Violence, Sexual Harassment, Unlawful Harassment, or Stalking
Washington law gives tenants the right to break a lease early if they experience domestic violence, sexual assault, stalking, or unlawful harassment. With proper documentation, survivors can leave unsafe housing without facing penalties for ending their rental agreement.
The offender does not need to live in the household. The law applies when abuse targets the tenant, a child, or another household member, and when the act causes harm, involves sexual assault, or creates a reasonable fear of imminent danger.
To utilize this protection, tenants must provide the landlord with written notice and valid proof, such as a court order or a statement from an approved third-party source. The lease ends on the date listed in the notice, and tenants remain responsible only for rent owed through that date and for damages beyond normal wear and tear.
Supporting law: RCW 59.18.575
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Washington, tenants can sometimes terminate a lease early if the rental property becomes unlivable and the landlord fails to address repair requests. This right applies when serious health or safety issues exist, the tenant provides written notice, and the landlord fails to rectify the problem within the legally prescribed timeframe.
The law establishes basic habitability standards that every landlord must adhere to. Problems caused by tenant misuse do not qualify. Examples of uninhabitable conditions include:
- Poor weather protection: Leaks, drafts, or missing windows
- Defective plumbing: Broken pipes or sewage backups
- No running water: Lack of hot or cold water service
- Heating issues: No safe or working heat source
- Unsafe structures: Broken stairways or missing railings
To end a lease on these grounds, tenants must give written notice explaining that the landlord’s failure to repair constitutes a breach of the rental agreement. If the landlord doesn’t make repairs within the timeline required by law (typically 24–72 hours, depending on the issue), tenants may legally move out. Evidence such as inspection records or past repair requests strengthens the tenant’s case.
Supporting law: RCW 59.18.100, 59.18.115
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Privacy Violations
Tenants in Washington may be able to break a lease early if a landlord violates their privacy or engages in harassment. State law requires landlords to give at least 24 hours’ written notice before entering, and repeated violations or interference with a tenant’s use of the home can justify ending the lease.
Examples of landlord harassment include:
- Unlawful entry: Entering the unit without proper notice
- Constructive eviction: Shutting off utilities, removing doors or windows, or changing locks
- Failure to repair: Refusing to make essential repairs required under law
- Discrimination: Mistreating tenants based on protected classes under fair housing laws
Tenants who wish to terminate a lease due to these reasons should carefully document the behavior and provide written notice to the landlord. If the problem continues, the tenant can pursue legal action. A court may determine that the landlord’s conduct constitutes a serious breach of the rental agreement, allowing the lease to be terminated.
Supporting law: RCW 59.18.150, 59.18.230, 59.18.290
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
In Washington, tenants can sometimes walk away from a lease early if the agreement is considered void or unenforceable under contract or rental housing law. This scenario arises when someone signs the lease under duress, lacks the necessary legal capacity, or rents an unlawful unit.
A lease may be invalid in Washington if:
- Signed under duress: Threats or coercion removed the tenant’s ability to choose freely
- Signed by a minor: Anyone under 18 generally lacks the capacity to enter a binding lease
- Unit is illegal: Rentals that violate safety codes or cannot be legally occupied
When a lease is void, the law treats it as though it never existed. The tenant can move out without owing future rent, and the landlord must return the security deposit, aside from lawful deductions. If the landlord refuses, tenants can seek repayment in small claims court.
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Tenant Death
In Washington, a tenant’s death does not automatically end the lease. If the tenant was the only occupant, the landlord can issue a written notice to the tenant’s representative, emergency contact, or successor. The tenancy ends 15 days after notice, unless rent is prepaid for up to 60 days, to allow time to clear out belongings.
A representative may present proof of death, remove personal property, and sign an inventory acknowledging possession of the deceased’s belongings. The landlord must return any unearned rent and process the security deposit within the required timelines.
Until the termination date, the lease remains part of the tenant’s estate. The representative may choose to continue paying rent during this period or end the tenancy earlier, while the estate stays responsible for unpaid rent and any damages beyond normal wear and tear.
Supporting law: RCW 59.18.595, 59.18.590
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Landlord Retaliation
Washington law bars landlords from retaliating against tenants who use their legal rights. A landlord cannot respond with punishment when a tenant reports violations, asks for repairs, or enforces protections under housing, health, or building codes.
Examples of protected tenant actions include:
- Exercising legal rights: Taking steps that the law allows tenants to use
- Reporting violations: Notifying authorities about health or building code problems
- Requesting repairs: Demanding that the landlord fix issues required by law
- Filing complaints: Contacting housing or regulatory agencies
Examples of landlord retaliation include:
- Starting eviction proceedings: Filing or threatening to evict
- Cutting services: Reducing utilities or limiting access to the unit
- Raising rent unfairly: Increasing rent or altering lease terms suddenly
- Interfering with use: Disrupting the tenant’s regular use of the property
Tenants can fight retaliation by keeping records such as complaints, inspection results, or notices of sudden changes. Landlords may defend themselves by showing the actions were planned before the tenant exercised legal rights. If the court agrees, the retaliation claim will not stand.
Supporting law: RCW 59.18.240, 59.18.250
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
8. Mutual Agreement Between Landlord & Tenant
In Washington, landlords and tenants can agree to terminate a lease before it expires without incurring a penalty. This result typically occurs through direct negotiation or by following an early termination clause already included in the lease. To ensure clarity, both parties should put the agreement in writing.
Common reasons for ending a lease by agreement include:
- Job relocation or transfer: Tenant moves for work in another location
- Financial hardship: Tenant cannot continue paying rent
- Family or medical needs: Tenant must care for relatives or manage health concerns
- Sale of the property: Landlord plans to list the rental for sale
- Renovations or redevelopment: Landlord needs the unit empty for major work
- Tenant buying a home: Tenant leaves after purchasing their own property
When negotiating early termination, tenants should clearly explain their reasons and propose mutually agreeable terms. Both parties can work out details such as notice requirements, rent through the move-out date, and how to handle the deposit. A signed agreement provides proof that the lease ended fairly and legally.
Other Legal Reasons for Breaking a Lease in Washington
Washington tenants may also have the right to end a lease early when state or federal law provides added protections. These situations fall outside issues such as habitability or landlord retaliation, providing tenants with another path to leave without incurring financial penalties.
Other valid reasons include:
Court-ordered relocation of the tenant: A tenant may terminate the lease if a court orders them to move, such as in cases involving protective orders for domestic violence.
Supporting law: RCW 59.18.575
Condemnation of the rental property: If a government agency condemns a property for safety or code violations, no one can lawfully occupy the unit. The lease ends immediately, and tenants owe no future rent.
Supporting law: RCW 59.18.090
Natural disasters that render the unit uninhabitable: Fires, floods, or similar disasters that cause severe damage and make a rental unsafe to live in allow tenants to terminate the lease without penalty.
Supporting law: RCW 59.18.100, 59.18.110
These less common situations are still recognized under Washington law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Washington, tenants who end a lease without a valid legal reason can face serious consequences. They may lose their security deposit, get sued by the landlord, take a hit to their credit, or struggle with poor rental references, which can make finding future housing more difficult.
Landlord’s Duty to Mitigate Damages in Washington
In Washington, landlords have a duty to limit losses by making reasonable efforts to re-rent a unit if a tenant moves out before the lease ends. They cannot keep the property empty and hold the tenant responsible for the full lease term.
The tenant remains liable for rent until the landlord finds a new renter or the lease expires, whichever occurs first. Once a new tenant starts paying, the original tenant only owes rent for the vacancy period and any legitimate re-renting expenses.
Supporting law: RCW 59.18.310
Tenant’s Right to Sublet in Washington
Tenants in Washington do not have a guaranteed right to sublet their rental. Subletting is only permitted if the lease specifically allows it or if the landlord provides written approval. If a tenant sublets without consent, the landlord can treat it as a breach of the lease.
Even with approval, the original tenant stays responsible for the lease. The subtenant may pay rent and follow the rules, but the tenant remains liable for missed payments, damages, and other obligations unless the landlord agrees to release them. Subletting can ease financial pressure, but it does not absolve the tenant of their legal responsibilities.
Supporting law: RCW 59.18.230(1)
Navigate Broken Leases With Landlord Software
Ending a lease in Washington can often feel overwhelming, but the right property management software makes the process easier. With organized communication, transparent record-keeping, and built-in compliance tools, both landlords and tenants can avoid confusion and reduce disputes.
Key features include:
- Online rental applications and tenant screening
- Custom lease creation with e-signatures
- Automated rent collection and payment reminders
- Simple tracking of maintenance requests
- Integrated accounting and bookkeeping
- Secure digital document storage
Create a free account today to simplify rental management and handle lease challenges with confidence.
