Washington Residential Lease Agreement

Last Updated: November 14, 2023 by Roberto Valenzuela

A Washington residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage. There are additional disclosures and tenancy rules that apply in the city of Seattle.

Washington Lease Agreement Disclosures

These disclosures are required for some or all residential lease agreements in Washington:

Disclosure Applicable To
Landlord’s Name and Address All Units
Fire Safety and Protection All Multi-Family Units
Mold All Units
Move-In Checklist All Units Charging a Security Deposit
Security Deposit Holdings All Units Charging a Security Deposit
Non-Refundable Fees Units Charging Non-Refundable Fees
Seattle Renter’s Handbook and
Voter Registration Packet
All Units in Seattle
Lead Paint All Units Built Before 1978

Landlord’s Name and Address

Applicable to all Washington rentals.

Wisconsin leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Fire Safety and Protection Notice

Applicable to all Washington multi-family rentals.

Washington landlords 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. It should be signed by both the landlord and tenant, with copies given to each party.

These are the required points of disclosure:

(i) Whether the smoke detection device is hard-wired or battery operated;

(ii) Whether the building has a fire sprinkler system;

(iii) Whether the building has a fire alarm system;

(iv) Whether the building has a smoking policy, and what that policy is;

(v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants;

(vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and

(vii) Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants.

Download: Washington State Fire & Safety Notice (PDF)

Mold Disclosure

Applicable to all Washington rentals.

Washington requires all landlords to provide information about the dangers of indoor mold in the form of a lease disclosure or notice, posted in a conspicuous location. The disclosure must include information about best practices to prevent and limit the growth of mold and attendant health risks.

This informational guide will satisfy Washington disclosure requirements.

Download: Washington State Mold Disclosure Form (PDF)

Move-In Checklist

Applicable to any Washington rental collecting a security deposit.

Washington landlords wishing to collect a security deposit must provide a written move-in checklist that takes inventory of the rental property at the beginning of the new lease. The inventory must be signed and dated by each party, with party keeping a copy. This allows accurate assessment of damages and deductions upon move-out.

Download: Washington State Move-In Checklist (PDF)

Security Deposit Holdings Disclosure

Applicable to any Washington rental holding a security deposit.

Washington landlords who collect a security deposit must provide holding information to the tenant as a form of receipt. The receipt must include the name and location of the depository.

SECURITY DEPOSIT HOLDINGS. The security deposit collected as per this lease agreement can be found in a trust account at:

NAME OF DEPOSITORY:_________
LOCATION:____________________________________

Download: Washington State Security Deposit Holdings Disclosure (PDF)

Non-Refundable Fees

Applicable to any Washington lease which imposes non-refundable 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

Applicable to Seattle rentals (not required in other cities).

Seattle landlords must distribute a Renter’s Handbook to new and prospective tenants. This handbook contains tenant rights information and a voter registration packet.

Download: Renter’s Handbook (Renting in Seattle)

Lead-Based Paint Disclosure

Applicable to any rental units built prior to 1978.

For any property built before 1978, federal law requires that a Washington residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:

Download: Washington State Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addendums (Recommended)

The following lease agreement disclosures and addenda are not required by Washington law in residential lease agreements, but assist with tenant management and help limit landlord liability.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers.
Bed Bugs Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Late/Returned Check Fees Specifies late fees or returned check fees related to the lease. Washington caps late fees at $20 or 20% of the monthly rental amount, whichever is greater. Returned check fees are capped at $40 per check. Fees must be disclosed in the lease.
Medical Marijuana Use Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Shared Utilities Arrangements Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.
note
Some Washington cities, like Seattle, have more comprehensive rules than the statewide standard. Always check local laws.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

 

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