Washington State Residential Lease Agreement

Washington State Residential Lease Agreement

Generate a comprehensive lease agreement compliant with Washington rental laws

Property Information
Landlord Information
Tenant Information
Lease Terms
Rent and Fees
Utilities and Services
Pet Policy
Parking
Occupancy and Use
Maintenance and Repairs
Entry and Inspection
Additional Terms

Important Information for Washington Landlords

⚠️ Legal Notice: This lease generator provides a basic template. Washington has comprehensive tenant protection laws. Seattle, Tacoma, and other cities have additional local requirements. Always consult with a qualified attorney to ensure your lease complies with all current federal, state, and local laws.

Washington Rental Law Highlights

Security Deposits (RCW 59.18.260-280)

  • No Maximum Amount: Washington does not limit security deposit amounts
  • Separate Pet Deposits: Can collect separate pet damage deposit (not included in security deposit)
  • Non-Refundable Fees: Can charge non-refundable fees if clearly disclosed
  • Return Timeline: 21 days after tenant vacates to return deposit or provide itemized statement
  • Checklist Required: Must provide move-in/move-out checklist
  • Interest Not Required: No requirement to pay interest on deposits
  • Written Statement: Must provide itemized list of damages and amounts claimed
  • Penalties: If wrongfully withheld, tenant may recover deposit plus damages
  • Normal Wear and Tear: Cannot charge for ordinary wear and tear

Rent and Rent Increases (RCW 59.18.140, 59.18.200)

  • No State Rent Control: Washington prohibits rent control
  • 60-Day Notice: Required for rent increases over 10%
  • 30-Day Notice: For rent increases of 10% or less
  • Fixed-Term Leases: Cannot increase rent during lease term unless specified
  • Month-to-Month: 30 or 60 days notice depending on increase amount
  • Late Fees: Must be reasonable and disclosed in lease
  • No Grace Period Required: Not mandated by state law

Required Disclosures (RCW 59.18.060)

💡 Important: Washington requires specific disclosures. This form does not include all required disclosures. You must separately provide:
  • Lead-based paint disclosure (pre-1978 properties) – Federal requirement
  • Move-in checklist documenting property condition
  • Landlord or authorized agent contact information
  • Smoke detector and carbon monoxide alarm information
  • Emergency contact information
  • Fire safety and emergency procedures
  • Mold disclosure and prevention information
  • Sex offender registry information
  • Shared utility billing arrangements (if applicable)
  • Non-refundable fees disclosure

Eviction and Termination (RCW 59.18.650, 59.12.030)

  • 14-Day Notice: For nonpayment of rent (pay or vacate)
  • 10-Day Notice: For lease violations (with opportunity to cure if possible)
  • 3-Day Notice: For illegal activity, substantial damage, or imminent danger
  • 20-Day Notice: For month-to-month termination (tenant to landlord)
  • 20-Day Notice: For month-to-month termination (landlord to tenant, no cause)
  • 60-Day Notice: Required in certain circumstances (12+ months tenancy, subsidized housing)
  • Just Cause: Some cities require just cause for eviction
  • Written Notice: All termination notices must be in writing

Landlord Obligations (RCW 59.18.060)

  • Habitability: Must maintain premises in habitable condition
  • Essential Services: Running water, hot water, heating, electricity
  • Heating: Capable of maintaining 45°F minimum during cold weather
  • Structural Soundness: Roof, walls, floors in good repair
  • Smoke/CO Alarms: Must install and maintain working alarms
  • Pest Control: Must maintain premises free from rodents and insects
  • Common Areas: Must keep safe and clean
  • Building Codes: Must comply with applicable codes

Entry Requirements (RCW 59.18.150)

  • 48-Hour Notice: Minimum written notice required (2 days)
  • Reasonable Hours: Entry must be between 8:00 AM and 9:00 PM
  • Emergency Exception: Can enter without notice in emergency
  • Abandonment: Can enter if property appears abandoned
  • Permitted Purposes: Inspection, repairs, showing property

Tenant Rights and Protections

  • Warranty of Habitability: Implied in all residential leases
  • Repair and Deduct: After proper notice, tenant may repair and deduct
  • Retaliation Protection: Cannot retaliate within 90 days of complaint
  • Privacy Rights: 48-hour notice required for entry
  • Domestic Violence Protection: Early termination rights for victims
  • Lockouts Prohibited: Self-help evictions are illegal

Pet Policies

  • Pet Deposits: Can collect separate pet damage deposit
  • Pet Rent: Can charge monthly pet rent
  • Non-Refundable Fees: Can charge non-refundable pet fees if disclosed
  • Service Animals: Must allow under Fair Housing Act; no fees permitted
  • Assistance Animals: Must accommodate with proper documentation
  • Breed Restrictions: Generally allowed

Washington-Specific Considerations

Marijuana Policy

  • Recreational marijuana is legal in Washington
  • Landlords CAN prohibit marijuana use and cultivation on rental property
  • Include specific prohibition in lease if desired
  • Smoking prohibition can include marijuana
  • Even with medical marijuana authorization, landlords can restrict use

Mold Issues (RCW 59.18.060)

  • Landlord must keep property free from mold
  • Must respond promptly to moisture problems
  • Tenant must report water intrusion or mold
  • Tenant must properly ventilate and maintain reasonable heat
  • Provide mold information pamphlet at move-in

Move-In Checklist (RCW 59.18.260)

  • Landlord must provide written checklist at move-in
  • Documents condition of premises
  • Tenant has right to be present for inspection
  • Both parties should sign and keep copies
  • Critical for security deposit disputes

Seattle-Specific Requirements

⚠️ Seattle Landlords: Seattle has extensive additional requirements beyond state law including just cause eviction, rental registration, relocation assistance, first-in-time screening, and more. Always use Seattle-specific addendums.

Key Seattle Provisions (SMC 7.24, 14.08, 22.206)

  • Rental Registration: Must register rental properties with city
  • Just Cause Eviction: Can only terminate tenancy for specified reasons
  • Relocation Assistance: Required for certain evictions (2-3 months rent)
  • First-in-Time: Must consider applicants in order received
  • Source of Income: Cannot discriminate based on income source
  • Move-In Fees: Limited total upfront costs
  • 180-Day Notice: Required for owner/family move-in or substantial rehab

Tacoma-Specific Requirements

  • Rental Registration: Must register with city
  • Habitability Standards: Additional local code requirements
  • Just Cause Protections: Similar to Seattle

Fair Housing Requirements

⚠️ Discrimination: Cannot discriminate based on race, color, religion, sex, sexual orientation, gender identity, national origin, familial status, disability, marital status, honorably discharged veteran/military status, or any use of Section 8 or other rental assistance program (in many WA cities).

Best Practices for Washington Landlords

  • Use written leases for all tenancies
  • Provide detailed move-in checklist with photos
  • Conduct thorough move-out inspection
  • Provide all required disclosures before tenant signs
  • Comply with 21-day security deposit return timeline
  • Give proper notice before entry (48 hours minimum, 8 AM-9 PM)
  • Respond promptly to repair requests and mold issues
  • Keep detailed records of all communications
  • Follow proper notice requirements (30/60 days for rent increases)
  • Never use self-help eviction methods
  • Understand local city requirements (Seattle, Tacoma, etc.)
  • Consider landlord insurance
  • Join local landlord associations

Smoke and Carbon Monoxide Alarms (RCW 43.44.110)

  • Landlord must provide working smoke alarms
  • Must be on every level and near bedrooms
  • Carbon monoxide alarms required if fuel-burning appliances
  • Landlord responsible for initial batteries
  • Tenant responsible for replacing batteries during tenancy

Domestic Violence Protections (RCW 59.18.575)

  • Victims can terminate lease early with proper notice
  • Must provide documentation (police report, protective order, etc.)
  • Landlord must change locks if requested
  • Cannot discriminate against domestic violence victims

Abandoned Property (RCW 59.18.310)

  • Must store abandoned personal property for 45 days
  • Must notify tenant at last known address
  • Can sell or dispose of property after notice period
  • Proceeds go toward unpaid rent/damages
💡 Critical Recommendation: Washington rental law is detailed, and cities like Seattle and Tacoma have extensive additional requirements. Have an experienced Washington real estate attorney review your lease. Stay updated on local ordinances. Penalties for violations can be severe, especially in Seattle.

Resources

  • Revised Code of Washington (RCW) Chapter 59.18 – Residential Landlord-Tenant Act
  • Washington State Attorney General – Landlord-Tenant Resources
  • Rental Housing Association of Washington
  • Seattle Department of Construction and Inspections (SDCI)
  • City of Tacoma Community and Economic Development
  • Washington State Bar Association – Real Property Section
  • Northwest Justice Project
⚠️ Disclaimer: This tool provides a template for informational purposes only and does not constitute legal advice. Washington rental laws are complex, and Seattle/Tacoma have extensive additional requirements. This form does not include all required Washington disclosures and addendums. Security deposit procedures, notice requirements (48 hours entry, 30/60 days rent increase), heating standards (45°F minimum), and eviction procedures have specific legal requirements. Consult with a qualified Washington real estate attorney to ensure full compliance with all applicable federal, state, and local laws.