A Washington rental lease agreement is more than just a simple piece of paper. It’s a blueprint that helps navigate your rental experience in the Evergreen State, whether you’re leasing a Seattle condo or a Tacoma townhouse.
The right lease agreement not only keeps you compliant with local, state, and federal laws, but it also protects you from day one and helps keep your investment safe.
Disclosures (9)
- Lead-based paint and hazards: Federal law requires that landlords disclose all known information on lead-based paint and its hazards before the lease of homes built before 1978.
- Fire safety and protection: Landlords must give all tenants written notice about safety features in the rental, including smoke detectors, fire alarms, sprinklers, and evacuation plans (59.18.060.12a). The city of Seattle, specifically, requires landlords to disclose whether there are working fire alarms and sprinklers in multi-family units.
- Landlord identification: The identification and contact information of the landlord must be disclosed to tenants, whether through written notice or a notice visibly posted on the property (59.18.060.15).
- Mold health hazards: Landlords must disclose information from Washington’s Department of Health regarding the risks of mold and how to control it or display it publicly on the property (59.18.060.13).
- Security deposit checklist and receipt: To collect a security deposit in the state of Washington, landlords must provide a checklist describing the rental’s current conditions and any existing damage, as well as a receipt that indicates where the security deposit is being held (59.18.260.2 and 59.18.270).
- Non-refundable fees: Washington law requires landlords to disclose all non-refundable fees in the lease (59.18.285).
- Voter pamphlet (specific to Seattle): For a lease inside Seattle city limits, landlords must provide tenants with a voter registration pamphlet (7.24.080).
- Occupancy: In Tacoma, leases must disclose the maximum number of occupants allowed on site and outline any non-inhabitable spaces, such as garages and attics.
- Notarization: In Washington, leases longer than 12 months must be notarized by a professional notary.
Optional Disclosures and Addenda
While not required by state law, several optional disclosures and/or addenda are recommended in your Washington lease agreement:
Asbestos: Outlines any potential hazards related to asbestos on the property.
Bed bugs: Notifies tenants if the unit or any adjacent units have experienced a bed bug infestation.
Late/returned check fee: Washington limits the amount that can be charged as a late fee to $20 or 20 percent of the monthly rent, whichever is greater. Returned check fees are capped at $40 per check plus 12 percent interest from the date of overdraft.
Medical marijuana use: Outlines the policy related to medical marijuana on the property.
Shared utilities arrangements: Breaks down how the landlord will split utility costs for properties that share a utility meter with other units.
Smoking: Informs tenants of the smoking policy on the property, including any designated smoking areas.
Consequences of Not Including Mandatory Disclosures
It is essential to follow all mandatory disclosures, as they outline information that is important to the health and safety of your tenant, as well as provide crucial property information for both the tenant and landlord. Failure to include mandatory disclosures could lead to financial penalties and/or legal consequences.
Security Deposit Regulations in Washington
A security deposit is a refundable deposit that a landlord charges to the tenant to cover any potential damage to the unit. However, landlords must follow certain guidelines to comply with state laws.
Maximum amount: In Washington, there is no limit to the amount that landlords may charge for a security deposit. In Seattle, however, landlords may charge up to 1 month’s rent for a security deposit, but must allow tenants to pay the deposit in installments. In Tacoma, all move-in fees may not exceed 1 month’s rent.
Deposit receipt: State law requires landlords to provide tenants with a written receipt for their security deposit, which must also include the name and address where the deposit is held (59.18.270).
Interest payments: In Washington, landlords are allowed to keep any interest accrued from the account that holds the deposit (59.18.270).
Security deposit return: Landlords are required to return the security deposit within 30 days of the lease termination. Funds must be returned in person or sent through first-class USPS mail to the tenant’s last known address (59.18.280.1a).
Deductions: Landlords must include a written notice detailing deductions with the returned security deposit funds. This document must include receipts for any contracted repairs, or receipts for materials, and a statement of time spent if the repairs were DIY (59.18.280.1a-b).
Rent Payment Regulations
Washington sets specific rent payment rules and regulations, and knowing them helps you stay compliant and avoid potential issues.
Do rent control/stabilization: Rent control and stabilization laws do not exist in Washington since 1981, when the state passed legislation prohibiting the enactment of rent control laws (35.21.830).
Late rent fees: Washington landlords may charge a late fee of $20 or 20 percent of the monthly rent (whichever is greater) after 5 days past the due date (19.150.150).
Grace period: Tenants in Washington have a 5-day grace period after their rent is due (59.18.170.2).
Tenant’s right to withhold rent: If the tenant can make repairs, they are allowed to withhold up to 1 month’s rent. If the repairs require a professional, tenants may withhold up to 2 months’ rent (59.18.100).
Rental Agreement Violations
Even with the most solid Washington lease agreement in place, violations can still happen. From missed rent to lease abandonment, knowing the rules in Washington will help you address issues quickly and stay compliant.
Lease violation: If a tenant violates their lease, their landlord may issue a 10-day notice to cure or quit. If the tenant has four violations in 12 months, the landlord can issue a 60-day eviction notice (59.12.030.4 and 59.18.650.1n.i).
Missed rent payment: In the event of a missed rent payment, landlords are allowed to charge late fees (59.18.170.2) or issue a 14-day notice to pay or vacate (59.18.057).
Lease abandonment: If a tenant in Washington abandons their lease early, they must pay the remaining rent owed for the lease or the rent for the length of time it took the landlord to re-rent the unit, whichever is less (59.18.310.1).
Self-help evictions: Self-help evictions are illegal in Washington (59.18.290).
Terminating a Lease
Whether it’s by choice of the tenant or landlord, when it comes time to part ways, there are specific rules. Understanding these rules helps you part ways smoothly while also adhering to the law.
Standard lease: Tenants may break a lease early without penalty for several reasons, including military service relocation (59.18.220), being a victim of domestic violence, sexual assault, or stalking (59.18.575), harassment by another tenant or landlord (59.18.352 and 59.18.354), or failure of the landlord in making necessary repairs (59.18.090).
Month-to-month: Washington landlords are not allowed to terminate a month-to-month lease without just cause, such as missed rent payments or lease violations. There are certain exceptions, such as selling the unit or changing its purpose. Tenants may terminate the lease with 20 days’ notice (59.18.650 and 59.18.200).
Property abandonment: Landlords have the right to immediately remove abandoned property, store the items, and provide the tenant with written notice of pending disposal. Landlords can sell property worth less than $250 7 days after this notice, whereas property valued at more than $250 requires a 45-day wait (59.18.310).
Renewing a Lease
If things are going well, why change them up? Renewing your Washington lease agreement saves you the trouble of marketing your rental and finding a new tenant. But is it always that simple?
Notice requirements: For fixed-term leases of 6-12 months, 60 days’ notice before the end of the lease period is required (59.18.650.1b.ii).. For month-to-month leases, landlords must give 90 days’ notice when selling the unit, 120 days for changing its designated use, and 90 days when using it for the landlord’s family (59.18.650 and 59.18.200).
Required renewals: Landlords are not required to renew leases for fixed-term tenants with leases between 6 and 12 months. However, tenants with month-to-month leases are entitled to indefinite renewals unless the landlord has a valid reason to end the lease (59.18.650).
Landlord’s Access to Property
Immediate access: Washington landlords may enter the property immediately in the event of an emergency or if the tenant abandons the property (59.18.150.5).
Notice requirements: Before entering a property, Washington landlords must give 2 days’ written notice to tenants, including the date and time they will enter, the reason for entering, and a contact number to call for objecting or rescheduling (59.18.150.6).
Harassment: After the first notice of improper entry, the landlord may face fines of $100 per additional entry and have to pay the tenant’s attorney fees (59.18.150.8). Repeat violations may constitute harassment and allow the tenant to break their lease early (59.18.575.1).
