A Washington month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a Washington Month-to-Month Rental Agreement
In Washington, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Washington landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice. Note that this isn’t always the case in Washington; Seattle, for instance, requires good cause to terminate.
Required Disclosures for Month-to-Month Rentals in Washington
Washington landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to ensure smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses.
- Move-In Checklist – Landlords collecting a security deposit must provide tenants with a move-in checklist to take inventory of the property’s condition upon move-in. A landlord cannot deduct later from a security deposit for any item whose condition wasn’t described in the initial move-in checklist.
- Fire Safety and Protection Notice – Washington leases must provide information relating to smoke detectors, fire sprinklers, alarms, fire safety systems and evacuation plans. This may be provided as a written notice or checklist, and must include a diagram of emergency evacuation routes.
- Mold Disclosure – Washington leases must warn about the dangers of indoor mold in the form of a lease disclosure or notice, posted in a conspicuous location.
- Nonrefundable Fees – Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Washington landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
- Seattle Renter’s Handbook and Voter Registration Packet – Seattle landlords must distribute a Renter’s Handbook to new and prospective tenants. This handbook contains tenant rights information and a voter registration packet.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Washington
Washington lets both the landlord or tenant end a month-to-month lease with at least 20 days of advance notice. For many parts of the state, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation. However, Seattle has specific requirements for good cause to end a month-to-month lease.
Washington requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a Washington Month-to-Month Lease
Washington requires at least 60 days of advance notice in most cases before raising the rent. The city of Seattle requires 180 days. In both cases, subsidized rentals only require 30 days of notice before a change in the rent.
Washington requires written notice to raise the rent.
Eviction in Washington Month-to-Month Rentals
Washington tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Washington typically take one to three months, sometimes longer.
For more information on the eviction process in Washington, click here.
Sources
- 1 Wash. Rev. Code § 59.18.260(2) & (3)
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(2) No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement is provided by the landlord to the tenant at the commencement of the tenancy specifically describing the condition and cleanliness of or existing damages to the premises, fixtures, equipment, appliances, and furnishings including, but not limited to:(a) Walls, including wall paint and wallpaper;(b) Carpets and other flooring;(c) Furniture; and(d) Appliances.(3) The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. The tenant has the right to request one free replacement copy of the written checklist.Source Link
- 2 Wash. Rev. Code § 59.18.280(1)(c)
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No portion of any deposit may be withheld:
(i) For wear resulting from ordinary use of the premises;
(ii) For carpet cleaning unless the landlord documents wear to the carpet that is beyond wear resulting from ordinary use of the premises;
(iii) For the costs of repair and replacement of fixtures, equipment, appliances, and furnishings if their condition was not reasonably documented in the written checklist required under RCW 59.18.260; or
(iv) In excess of the cost of repair or replacement of the damaged portion in situations in which the premises, including fixtures, equipment, appliances, and furnishings, are damaged in excess of wear resulting from ordinary use of the premises but the damage does not encompass the item’s entirety.
Source Link - 3 Wash. Rev. Code 59.18.200
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(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall end by written notice of 20 days or more, preceding the end of any of the months or periods of tenancy, given by the tenant to the landlord.(b) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant’s spouse or dependent, may end a rental agreement with less than 20 days’ written notice if the tenant receives permanent change of station or deployment orders that do not allow a 20-day written notice.(2)(a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least 90 days before the tenancy ends to effectuate such change in policy. Such 90-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the 90-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.(b) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends, in compliance with RCW 64.34.440(1), to effectuate such change. The 120-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the 120-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant.(c)(i) Whenever a landlord plans to demolish or substantially rehabilitate premises or plans a change of use of premises, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends. This subsection (2)(c)(i) does not apply to jurisdictions that have created a relocation assistance program under RCW 59.18.440 and otherwise provide 120 days’ notice.Source Link
- 4 Wash. Rev. Code 59.18.200(1) - (2)(c)(i)
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(a) Except as provided in (b) of this subsection, a landlord shall provide a minimum of sixty days’ prior written notice of an increase in the amount of rent to each affected tenant, and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement.(b) If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, a landlord shall provide a minimum of thirty days’ prior written notice of an increase in the amount of rent to each affected tenant. An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.Source Link
- 5 Seattle Code 7.24.030(a)
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Any rental agreement or renewal of a rental agreement for a residential rental unit in The City of Seattle entered into after November 8, 2021 shall include or shall be deemed to include a provision requiring at least 180 days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant are to increase, except that for a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, the rental agreement shall instead provide at least 30 days’ prior written notice of an increase in the amount of rent to each affected tenant.
Source Link
