The Complete Guide to Washington Landlord Tenant Law (2024)

In the Evergreen State of Washington, landlords and tenants must navigate an intricate network of rental laws, often called landlord-tenant laws, that outline their rights and responsibilities — and shape their interactions.

Understanding landlord tenant laws in Washington is important because it involves both state and local regulations. Adhering to these regulations can be challenging, even for experienced rental owners and tenants.

To help navigate these laws, we’ve created this comprehensive guide to address crucial rental topics such as tenant screening, rent payments, lease agreements, evictions, and more. Whether you find yourself in the role of a landlord or a tenant, this guide offers a thorough understanding of Washington’s rental laws, as outlined under the Washington Residential Landlord Tenant Act, Chapt 59.

In this guide, landlords will find strategies to safeguard their rental properties and foster positive tenant relationships, while tenants will learn how to assert their rights.

Washington landlord tenant law fast facts

Rights

Landlords in Washington have basic rights that allow them to manage their rental property protected from potential legal and financial challenges. A few of their main rights include the following:

• Charging market-rate rent and increasing it with proper notice.
• Receiving on-time rent payments.
• Collecting security deposits, which typically equal one month's rent, to cover unforeseen costs at the end of the lease term.
• Pursuing a formal eviction if a tenant breaches the lease or fails to pay rent.
• Entering the property with proper notice for inspections, repairs, or to show the unit to prospective tenants.
• Designating rules for the property, as long as they don’t violate tenant rights.

Responsibilities

Rental owners in Washington also have a handful of responsibilities to uphold that ensure a safe and smooth tenancy for renters. Some of their key duties are as follows:

• Maintain habitability: Ensuring the rental unit is fit for human habitation and complies with all applicable health and safety codes.
• Essential services: Providing and maintaining in good working order all electrical, plumbing, heating, and other essential facilities and appliances.
• Repairs: Making repairs within 20 days after receiving a written notice from tenants.
• Safety measures: Providing adequate locks, keys, and fire safety information to tenants.
• Security deposit: Returning the tenant's security deposit within 30 days after the end of the lease, minus any legitimate deductions.

Note: This list covers only key responsibilities. Landlords should refer to the Revised Code of Washington (RCW) 59.18, particularly RCW 59.18.060, for a complete understanding of their legal obligations.

Washington tenant responsibilities and rights

Rights

Tenants in Washington have their own set of rights that protect their well-being and safety while residing in a rental property. Renters’ main rights include the following:

• Residing in a rental unit that meets the warranty of habitability.
• Right to proper notice (usually 24 hours) before landlord enters the unit, except in emergencies.
• Protection from unlawful discrimination in housing.
• Having repairs completed within 20 days after providing the landlord with written notice.
• Taking legal action, such as suing if the landlord violates the lease agreement.

Responsibilities

As is the case for landlords, Washington renters have a range of responsibilities to uphold. These duties ensure the maintenance of the rental unit. In addition to paying rent on time, Washington tenants must do the following:

• Pay rent on time as agreed in the lease agreement.
• Keep the rental unit clean, sanitary, and undamaged beyond normal wear and tear.
• Properly dispose of garbage and use facilities and appliances correctly.
• Not engage in or allow illegal activities on the property.
• Allow landlord access to the unit for repairs and inspections with proper notice.
• Maintain smoke detectors in good working order.
• Provide proper written notice before moving out.
• Notify the landlord promptly of any necessary repairs or maintenance issues.

Note: This list covers key responsibilities. Tenants should refer to the Revised Code of Washington (RCW) 59.18, particularly RCW 59.18.130, for a complete understanding of their legal obligations.

Washington landlord tenant laws through the rental cycle

Washington's rental application and tenant screening laws are designed to protect both landlords and prospective tenants. Here are the key points:

1. Application fees:some text
   • Landlords can charge for the actual costs incurred in obtaining background information.
   • The amount charged cannot exceed the customary costs charged by a screening service in the general area.
   • Costs may include long distance phone calls and time spent contacting landlords, employers, and financial institutions.
2. Disclosure requirements: Before obtaining any information about a prospective tenant, landlords must provide written notice of the following:some text
   • Types of information that will be accessed for tenant screening.
   • Criteria that may result in application denial.
   • Name and address of the consumer reporting agency (if a consumer report is used).
   • Prospective tenant's rights to obtain a free copy of the consumer report in case of denial or adverse action.
   • Whether the landlord will accept a comprehensive reusable tenant screening report.
3. Comprehensive reusable tenant screening reports:some text
   • Landlords must state on their website (if they have one) whether they accept these reports.
   • If accepted, landlords can still run their own screening report but cannot charge the tenant for it.
4. Adverse Action Notice:some text
   • If a landlord takes adverse action based on the screening, they must provide a written notice stating the reasons.
   • The notice must follow a specific format outlined in the law.
5. Non-discrimination:some text
   • Landlords cannot ask questions on the rental application that could lead to discrimination based on protected characteristics.
6. Penalties:some text
   • Landlords who violate these rules may be liable to the prospective tenant for up to $100, plus court costs and reasonable attorney's fees.

Washington rental agreement and lease termination laws

In general, Washington requires a lease or rental agreement to be in writing. This regulation pertains to leases 12 months or longer, and if landlords charge a security deposit or a non-refundable fee. However, it’s a good idea to always have a written rental agreement, as it outlines the landlord’s and tenant’s responsibilities.

In addition to mandatory disclosures such as lead-based paint for pre-1978 buildings and mold information (more on this to follow), landlords must include the following information: the landlord’s name, address, and phone number; the rent amount and due date; lease length; and description of the rental unit.

Tenants must provide a 20-day tenant written notice to terminate a month-to-month lease, while no notice is required for fixed-term leases, which end on the specified date unless renewed. For week-to-week leases, there is no specific notice period outlined by state law, but providing at least one week’s notice is recommended unless otherwise specified in the lease agreement. It is important to notify landlords before the rental period concludes to avoid any legal complications.

Washington tenants may terminate a fixed-term lease agreement early for the following legal reasons:

• Early termination clause
• Active military duty
• Landlord harassment
• Uninhabitable unit
• Domestic violence

Washington security deposit laws

Washington state law allows landlords to collect a security deposit at the start of a lease to cover unforeseen costs that may arise at the end of the tenancy. Washington does not limit how much a landlord can charge for the deposit, but some cities and towns may enforce their own laws.

Landlords must provide a receipt for the security deposit and hold it in a trust account in a financial institution. At the end of the lease, landlords must return the tenant’s security deposit within 30 days, which was recently increased from 21 days.

Landlords may make deductions from the security deposit for reasons including unpaid rent, property damage exceeding normal wear and tear, cleaning costs, and repair costs. However, the reasons must be listed in the lease. Landlords must also provide an itemized statement explaining any deductions.

If the landlord fails to comply with the notice period or wrongfully withholds funds, tenants can sue for twice the amount of the security deposit plus court costs and attorney fees.

Washington rent laws

Washington does not have rent control laws and prohibits its cities and towns from creating their own rent regulations. Thus, landlords may charge any amount of rent and increase the monthly rent as often as they choose.

However, they cannot increase rent during the lease term unless the lease agreement specifically allows for it. Landlords must provide a 60-day notice before increasing rent.

If tenants fail to pay rent on time, landlords are required to provide a 5-day grace period before charging a late fee. While there is no limit on how much a landlord may charge for a late fee, the fee must be reasonable.

Tenants are not allowed to withhold rent in Washington, even if the landlord breaches the warrant of habitability.

Washington repair and maintenance laws

Washington landlords are required to make repairs within specific timeframes after receiving written notice from tenants:

• 24 hours for issues affecting essential services (water, heat, electricity) or posing immediate hazards
• 72 hours for problems with major appliances
• 10 days for all other repairs

If landlords fail to make repairs in a timely manner, renters can take several legal actions: sue for costs, file a court order to force the landlord to make repairs, and cancel the rental agreement. They can also utilize the "repair and deduct" remedy in which they make repairs themselves and deduct the cost from their following rent payment, subject to certain limitations.

Tenants are responsible for keeping the unit clean, properly disposing of waste, and notifying the landlord of major repair needs.

As mentioned before, for 2024, landlords now have 30 days (increased from 21) to return security deposits or provide an itemized list of deductions after a tenant moves out.

Washington notice of entry laws

Washington landlords can enter rentals for inspections, repairs, maintenance, and property showings. The law requires specific notice periods:

• Generally, landlords must provide at least two days' written notice before entering an occupied rental unit.
• For showing the property to prospective tenants or buyers, only 24 hours notice is required.
• In emergencies, landlords may enter without notice.

The written notice must state the exact time and date(s) of entry or specify a time period with the earliest and latest possible entry times. It must also include a phone number for tenants to communicate objections or reschedule.

Entry must be at reasonable times. Landlords cannot abuse the right of entry, use it to harass tenants, or unreasonably interfere with tenants' enjoyment through excessive showings.

Landlords have no other right of access except by court order, arbitrator decision, or tenant consent.

Washington eviction laws

In Washington, landlords are permitted to evict tenants for specific legal reasons. Depending on the reason for eviction, landlords must provide a notice period before the eviction process can begin.

Here are the reasons for eviction and their corresponding notice periods:

• Unpaid rent: If a tenant fails to pay rent when due and after the 5-day grace period, the landlord may issue a 14-day notice to pay. If the tenant still does not pay the past-due rent, the landlord may move forward with the eviction process.
• Lease violation: If tenants violate the lease agreement, the landlord may issue a 10-day notice to comply that details how tenants can resolve the issue. If the issue is not resolvable, including waste, illegal acts, nuisances on the property, and any unlawful business, the landlord may issue a 3-day notice to quit.
• Illegal acts: Illegal acts including illegal drug use, physical assault, gang-related activity, and unlawful use of firearms or weapons are grounds for immediate eviction. No notice period is required.

Additional information

• Eviction process: After serving the appropriate notice, if the tenant does not comply, landlords can file an unlawful detainer action (eviction lawsuit) in court.
• Court proceedings: The tenant has a set period to respond to the eviction lawsuit (usually seven days). If the court rules in favor of the landlord, a Writ of Restitution may be issued, allowing law enforcement to remove the tenant.
• Legal protections: Tenants are protected against retaliatory evictions and discrimination based on protected characteristics under Washington law.

Washington landlord tenant laws continued

In addition to addressing rental matters such as repairs and evictions, Washington’s state laws also cover topics including landlord retaliation and discrimination.

Housing discrimination

Both state and federal laws protect tenants from housing discrimination in Washington. The Federal Fair Housing Act prohibits landlords from discriminating against renters based on race, color, national origin, religion, sex, familial status, and disability.

Washington state law further protects renters based on the following characteristics:

• Sexual orientation and gender identity
• Marital status
• Age
• Public assistance status
• Veteran/military status
• HIV/hepatitis status

If a landlord violates housing discrimination laws, such as by advertising that has a discriminatory preference or falsely claiming a rental unit is unavailable, tenants can seek legal help and file a complaint with the Washington State Human Rights Commission.

Landlord retaliation

As is the case in the majority of U.S. states, it’s illegal for Washington landlords to retaliate against tenants for taking legal actions like reporting landlords to government authorities for health and safety violations.

Raised rent, reduced services, and threatened eviction are all considered forms of retaliation.

Mandatory disclosures

Washington landlords must provide tenants with specific disclosures at the start of a lease period. It is also important to disclose the rental period in the lease agreement to ensure tenants are aware of the timeframe and any obligations they have at the end of their rental periods. The disclosures include the following:

• Lead-based paint: Landlords who own rental properties built before 1978 must provide information about concentrations of lead-based paint.‍
• Authorized agent: Landlords and property managers must provide the names and addresses of all parties involved in owning and managing the property.
• Mold: Landlords must provide information approved by local health departments relating to mold in residential buildings, including how to prevent mold.
• Security deposits: If a landlord intends to collect a security deposit, they must disclose where the deposit is being held, the condition of the rental property, and any terms and conditions of the deposit.
• Voter registration packet: Landlords with properties located in Seattle must provide tenants with a voter registration packet.
• Receipts for payments: Landlords must provide written receipts for all cash payments made by tenants and for non-cash payments upon request.
• Fees: Any non-refundable fees, such as a late or pet fee, must be disclosed in the lease.
• Translation of notices: If necessary, landlords should provide translated versions of notices for tenants whose primary language is not English.
• Tenant advocacy information: Landlords must maintain updated legal resources and information about tenant advocacy services for tenants.
• Fire safety: Landlords must inform tenants of their responsibility to maintain smoke detectors in the unit. Additionally, they must inform tenants if the building has a fire sprinkler or fire alarm system, as well as whether the building has a smoking policy.

Small claims court

Washington's Small Claims Court handles disputes involving small amounts of money, allowing cases to be handled in an expedited and simplified manner without an attorney. The Small Claims Court in Washington will hear rental cases for less than $10,000.

However, if the landlord or tenant is filing as a company, the limit is $5,000. The process takes approximately two to three months depending on the circumstances.

Still have questions?

‍You can access RHAWA (Rental Housing Association of Washington) forms directly through your free Azibo account for expert guidance on Washington state rental property laws. RHAWA members can enjoy the following benefits:

• Up-to-date legal forms available in your Azibo account.
• Educational resources and courses.
• Member networking opportunities.
• Legislative advocacy updates.

To access these benefits, do the following:

1. Create or link your Azibo account through the RHAWA member portal.
2. Find RHAWA forms in the "Forms and Documents" section of your Azibo account.
3. Use Azibo's lease creation tool to generate signature-ready RHAWA leases in minutes.

For more information or to become an RHAWA member, visit the following:

• Website: www.rhawa.org
• Phone: (206) 283-0816
• Email: info@rhawa.org

RHAWA and Azibo together provide comprehensive support for property management in Washington state, including guidance on local regulations, tenant screening, and lease agreements.

Understanding Washington landlord tenant laws

Washington’s rental laws were created to provide a clear framework for landlords and tenants of their specific rights and responsibilities. By understanding and adhering to these regulations, rental owners and their counterparts can confidently navigate the entire rental process — leading to favorable outcomes.

Landlords can protect their real estate investments, tenants can assert their rights when necessary, and both parties can work together to foster a positive landlord-tenant relationship. It’s a win-win for everyone!

Landlords, if you need help with collecting rent or creating a lease agreement, and tenants, if you are looking to boost your credit, Azibo has got you covered. Learn about all of the benefits of using our free rental management application today!