Under Washington law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord-Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Washington, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Washington’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only Multi-Family Residences | Only If Provided |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Smoke Only |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In Washington, repairs must be made within 20 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Washington tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or contract professionally for repairs and deduct from the rent. Read more
Washington landlords can initiate and complete the eviction process in one to three months (or longer). The following are grounds for eviction:
However, certain types of evictions are illegal in Washington. This includes lockouts, and retaliatory evictions connected to the filing of a health or safety complaint. Washington also has special notice requirements for properties covered by the federal CARES Act.
It’s illegal for Washington landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Cities and towns can enact their own rules. For example, Seattle has slightly different requirements relating to a security deposit.
Returns and Deductions: The following laws apply to the return of security deposits:
A landlord must justify any security deposit deductions by showing receipts, invoices, estimates, and similar documentation that a deduction reflects actual costs. [3]
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | N/A |
| Month-to-Month | 20 Days |
| Quarter-to-Quarter | 20 Days |
| Year-to-Year | 20 Days |
Tenancy-at-Will Notice Requirement: Month-to-month tenants in Washington must always provide 20 days of advance notice before terminating their lease.
Fixed-Term Early Termination: In Washington, a fixed-term lease can be terminated early for any of the following reasons:
If a Washington tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Washington does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Washington does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give 60 days’ notice before increasing the rent. However, landlords can give 30 days’ notice when the housing is subsidized.
Protected Groups: The Washington Law Against Discrimination protects tenants of most housing types from being discriminated against due to race, color, national origin, religion, sex, or disability. Washington law also provides additional protections for the following groups:
Discriminatory Acts and Penalties: In Washington, the following actions may be considered discriminatory with regard to housing practices:
To learn more or report discrimination, please visit the Washington State Human Rights Commission’s website.
In addition to having laws that address general issues like repairs and security deposits, most states, including Washington, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Washington landlords have the right to enter a rental property for inspections, maintenance, or property showings. In most cases, the landlord must provide 2 days of notice before entering an occupied unit (or one day, for a property showing). This includes entry for repairs. A landlord may enter without permission in cases of emergency.
If proper notice is not given or a right to entry is abused to harass a tenant’s privacy, the tenant might be able to sue the landlord and/or cancel the lease.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if they file as an individual and the amount claimed is less than $10,000. If a landlord or tenant is filing as a company (e.g. LLC), the claim limit is $5,000. Washington Small Claims Court is a division of District Court. The process takes approximately two to three months.
All Washington landlords must make the following disclosures to their tenants:
In Washington, domestic abuse victims may request a lock change (at their own expense). Landlords, on the other hand, cannot unilaterally change a tenant’s lock. If they do, they may face penalties for performing an illegal “self help” lockout eviction.
When a Washington landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Many cities in Washington have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
The city of Seattle maintains a Rental Agreement Regulation Ordinance, which requires landlords to provide 180 days of advance notice before they implement an increase in housing cost. This ordinance also limits the amounts and values of certain fees charged by landlords. More information on it can be found here.
Spokane is currently considering a number of local housing ordinances, including one to implement a “just cause” standard for evictions. Updates on these legislative efforts can be found on the city’s website.
The city of Tacoma has a Tenant Rights Ordinance. This requires landlords to give 90 days’ written notice when a tenant’s property is being modified or demolished. More info on this ordinance can be found here.
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.
Within 30 days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within 30 days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit, and any documentation required by (b) of this subsection, together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.
With the statement required by (a) of this subsection, the landlord shall include copies of estimates received or invoices paid to reasonably substantiate damage charges. Where repairs are performed by the landlord or the landlord’s employee, if a deduction is made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. The landlord may document the cost of materials or supplies already in the landlord’s possession or purchased on an ongoing basis by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit. Where repairs are performed by the landlord or the landlord’s employee, the landlord shall include a statement of the time spent performing repairs and the reasonable hourly rate charged.
Any late fee charged by the owner shall be provided for in the rental agreement. No late fee shall be collected unless it is written in the rental agreement or as an addendum to such agreement. An owner may impose a reasonable late fee for each month an occupant does not pay rent when due. A late fee of twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment shall be deemed reasonable, and shall not constitute a penalty.
Can a Landlord Enter Without Permission in Washington? Washington landlords can only enter rented property without permission in case of emergency or with a court order. For other purposes, the landlord needs the tenant's reasonable consent following proper advance notice (2 days for most situations, 1 day for property showings). Read more » Is Washington a “Landlord Friendly” State? Washington state is not a very “landlord friendly” state. Despite prohibiting localized rent control, the state does require landlords to make a significant number of informational disclosures to all tenants that effectively add to the process of signing new tenants. Washington state’s numerous cities also maintain a variety of local ordinances that may noticeably impact the freedoms a landlord has when it comes to evicting their tenants without cause. Read more » What Are a Tenant’s Rights in Washington? Washington state tenants have a variety of important rights, including the right to sue or report a landlord who fails to provide a necessary repair or essential amenity in a timely manner. Tenants in Washington state also have the right to seek housing without facing discrimination based upon their marital status, sexual orientation, gender identity, age, participation in a Section 8 program, veteran/military status, or HIV/ Hepatitis C status. Read more » Can a Tenant Change the Locks in Washington? Washington tenants can change their own locks at will if the lease doesn't prohibit doing so, but they do have to give the landlord copies of new keys in most cases. Tenants may also (at their own expense) request a lock change, or additional locks, if they are victims of domestic abuse. Read more »
