A Washington month-to-month lease agreement is all about balance. In other words, it offers both tenant and landlord great flexibility without sacrificing the structure provided by a lease agreement. Unlike a standard lease, a month-to-month lease or tenancy at will renews each month, giving landlords flexibility while keeping them compliant with state laws.
Disclosures (9)
Each state requires specific disclosures in a rental agreement. These disclosures protect the tenant and limit the landlord’s liability, ensuring everyone understands the Washington month-to-month lease agreement.
- Lead-based paint: Federal law requires that landlords disclose any known information about lead-based paint and its hazards for any rental built before 1978.
- Fire safety and protection: Landlords must provide written notice of fire safety features. Seattle landlords, specifically, must also disclose whether working fire alarms and sprinklers are present (RCW 59.18.060.12a)
- Landlord identification: The landlord’s contact information must be provided in written form or posted in a conspicuous location on the property (RCW 59.18.060.15).
- Mold health hazards: Tenants must be given written notice of mold risks and hazards, along with control procedures (RCW 59.18.060.13).
- Security deposit checklist and receipt: If a landlord collects a security deposit, they must give tenants a condition report checklist detailing the property’s current condition and the financial institution holding the deposit (RCW 59.18.260.2 and RCW 59.18.270).
- Non-refundable fees: If landlords charge any non-refundable fees, they must clearly outline them in the Washington month-to-month lease agreement (RCW 59.18.285).
- Voter pamphlet: In Seattle, landlords must give tenants a voter registration pamphlet (SMC 7.24.080). In Tacoma, landlords must give tenants a Tacoma’s Tenant Bill of Rights pamphlet along with their lease template.
- Occupancy: Tacoma landlords must specify the number of occupants allowed in the unit and must also identify any uninhabitable areas in the rental (TMC 1.95.037).
- Notarization: If the lease will be for a period longer than 12 months, Washington requires notarization.
Optional Disclosures and Addenda
While the required disclosures cover most of the issues you’ll face as a landlord, other disclosures are optional, but certainly recommended.
Asbestos: Informs tenants of any asbestos-related hazards present in the unit, along with tips for reducing the risk.
Bed bugs: Informs tenants of any history related to bed bugs in the unit or adjacent units.
Late/returned check fees: Outlines any fees related to late rent or returned checks with the lease. Washington caps late fees at $20 or 20 percent of the monthly rent, whichever is greater. For returned checks, the limit is $40 per check plus 12 percent interest from the date of the check. Landlords must include these fees in the Washington month-to-month lease agreement.
Medical marijuana use: Outlines the policy regarding the use of medical marijuana on the property, as some states allow landlords to limit its use.
Shared utilities arrangements: If tenants share utilities, landlords must disclose how they will allocate the costs.
Smoking: Describes the smoking policy in the unit and on the property, including any designated smoking areas.
Additional Washington Month-to-Month Lease Laws
Other laws surround a Washington month-to-month lease agreement. These laws, regarding notice to terminate the lease agreement, rent increases, security deposits, and more, help ensure a smooth experience. Here’s what you need to know in the Evergreen state.
Notice to Terminate a Month-to-Month Agreement
A Washington month-to-month lease agreement renews each month until the landlord or tenant gives proper notice.
Required notice for tenant: Washington tenants must provide written notice of lease termination at least 20 days before the end of the rental period.
Military personnel who receive PCS or deployment orders requiring them to vacate with less than the required notice are allowed to give shorter notice (RCW 59.18.200(1)(a)).
Required notice for the landlord: In most cases, landlords must have just cause to terminate a Washington month-to-month lease agreement. (RCW 59.18.650).
If the landlord is terminating the agreement due to a change in building use or policy, they must give tenants at least 90 days’ notice (RCW 59.18.200).
Suppose the landlord terminates the agreement to convert the property to a condominium, or because of demolition or substantial rehabilitation of the property. In that case, they must give tenants a minimum of 120 days’ notice (RCW 59.18.200).
Certain cities have ordinances allowing landlords to give 60 days’ notice for no-fault lease terminations. Always follow local laws and regulations.
Laws Governing Rent Increases
Rent control has been prohibited in Washington since 1981, which means that cities and counties cannot limit how much or how often Washington landlords increase rent (RCW 35.21.830).
Landlords must follow specific rules when notifying tenants about rent increases. For month-to-month leases, landlords must give 60 days’ written notice before the increase takes effect. For subsidized tenancies, the requirement is 30 days (RCW 59.18.140(3)).
In Seattle, landlords must give tenants 180 days’ written notice before raising rent.
Lease Violations and Eviction
When tenants violate a part of their lease, landlords need to know their rights and how to respond to get back on track quickly.
Missed rent payment: If a tenant misses a rent payment, Washington landlords may charge a reasonable late fee or issue a 14-day notice to pay or vacate (RCW 59.18.170.2 and RCW 59.18.057).
Lease violation: For lease violations other than unpaid rent, landlords may issue a 10-day Notice to Cure or Quit. If a tenant commits four lease violations within 12 months, the landlord may issue a 60-day eviction notice (RCW 59.12.030.4 and RCW 59.18.650.1(n)(i)). For serious lease violations, landlords may issue a 3-day notice to quit, without allowing tenants the opportunity to cure their violation (RCW 59.12.030.5).
Lease abandonment: If a tenant abandons their Washington month-to-month lease early, they are responsible for the rent for the remainder of the lease term or as long as it takes the landlord to find a new tenant, whichever is less (59.18.310.1).
Self-help evictions: In Washington, self-help evictions are illegal and should never be attempted (59.18.290).
Rent Payment Laws
Washington law also sets rules for paying rent, including a required grace period, late fees, and other regulations.
Rent control/stabilization: Rent control and rent stabilization do not exist in Washington.
Late rent fees: After the required grace period, Washington landlords may charge a $20 late fee or 20 percent of the monthly rent, whichever is greater (RCW 19.150.150). In Seattle and Tacoma, late fees are limited to $10 per month (SMC 7.24.034) (LFCI).
Grace period: Washington tenants have up to 5 days after the due date to make their rent payment without penalty (RCW 59.18.170.2).
Tenant’s right to withhold rent: For repairs that a tenant has to make themselves, they can withhold up to 1 month’s rent. For repairs that require a skilled professional, they may withhold up to 2 months’ rent (RCW 59.18.100).
Pet rent laws: Washington law does not allow landlords to charge pet rent; however, they may charge a refundable pet deposit up to $150 (Senate Bill 6064).
Security Deposits
Landlords often charge security deposits to offset potential costs from tenant damage or repairs beyond normal wear and tear. But how much can landlords charge, and when must they return the deposit? Here’s what you need to know.
Maximum amount: There are no state-wide laws that limit how much Washington landlords may charge as a security deposit. Seattle landlords, however, may only charge up to 1 month’s rent as a deposit and must offer payment plans. Tacoma landlords, on the other hand, must cap all of their combined move-in costs to 1 month’s rent.
Deposit receipt: Washington landlords are required to provide tenants with a written receipt for the security deposit, which must list the financial institution holding the funds (RCW 59.18.270).
Interest payments: Washington landlords must hold their security deposits in a Washington-based financial institution and are allowed to keep any interest earned from this account (RCW 59.18.270).
Security deposit return: Washington landlords must return a tenant’s security deposit, minus any deductions, within 30 days of lease termination or abandonment via USPS first-class mail or hand delivery (RCW 59.18.280.1a). In Seattle and Tacoma, this limit is 21 days.
Deductions: If landlords deduct money from a security deposit, they must provide tenants with a detailed, itemized checklist of the costs (RCW 59.18.280.1a-b).
Property Access Laws
Occasionally, landlords require entry into the rental property. Giving proper notice and entering with just cause can go a long way to maintaining landlord-tenant relationships.
Advance notice: In most cases, Washington landlords must give tenants 2 days’ written notice before entering the unit. To show the unit to a prospective tenant or buyer, however, only 1 day’s notice is required (RCW 59.18.150).
Immediate access: Landlords may immediately access the unit in an emergency or if the tenant has abandoned the lease (RCW 59.18.150.5).
Harassment: After receiving the first written notice of improper entry, landlords may be fined $100, along with the tenant’s attorney fees, for each following improper entry (RCW 59.18.150.8). If landlords repeatedly violate the lease, tenants may treat it as harassment and legally terminate the lease early (RCW 59.18.575.1).
