Create Your Washington Residential Lease Agreement
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Washington Residential Lease Agreement
Introduction
Washington residential lease agreements are governed by the Washington Residential Landlord-Tenant Act (RCW Chapter 59.18). This comprehensive guide consolidates all statutory requirements, required disclosures, and legal obligations for both landlords and tenants.
Required Disclosures
Washington law requires landlords to provide the following disclosures to tenants:
Fire Safety Information
Landlords must provide written notice disclosing all fire safety and protection information, including sprinkler systems, alarm systems, and smoking policy.[1]
Landlord/agent Identification
The landlord must designate their name and address by statement on the rental agreement or by conspicuous posting on the premises.[2]
Lead-Based Paint Disclosure (pre-1978 Properties)
Federal law requires landlords of properties built before 1978 to disclose possible lead paint presence and provide the EPA pamphlet "Protect Your Family from Lead in Your Home."[3]
Mold Information
The landlord must provide Department of Health information describing health hazards associated with mold exposure and how tenants can control mold growth. Must be provided when the lease is signed.[4]
Smoke Detection Device Notice
The landlord must provide written notice that the unit is equipped with a smoke detector and inform the tenant of their responsibility to maintain it in proper operating condition.[5]
Move-In Checklist (if Security Deposit Collected)
If a security deposit is collected, the landlord must provide a written checklist describing the cleanliness and condition of the unit at the start of tenancy.[6]
Nonrefundable Fees Disclosure
If there are any nonrefundable fees, these must be specified in the lease agreement.[7]
Security Deposit Receipt
The landlord must provide a receipt for the security deposit stating the name and address of the banking institution where funds are held.[8]
Voter Registration Packet (seattle Only)
In Seattle only, landlords must provide a voter registration packet to prospective tenants.[9]
Security Deposits
Maximum Amount
**State Law: **There is NO statewide maximum on security deposit amounts in Washington State.
Note: **Important: **RCW 59.18.253 limits holding deposits (reservation fees) to 25% of first month's rent, but this does NOT apply to security deposits.[10]
Note: **Seattle Exception: **In Seattle, security deposits plus move-in fees cannot exceed one month's rent (local ordinance).
Trust Account Requirement
Security deposits must be held in a trust account in a Washington State financial institution, maintained solely for holding security deposits.[11]
Interest on Security Deposit
The landlord is entitled to any interest earned from the deposit unless otherwise agreed upon in writing.[11]
Returning Security Deposit
The landlord must return the security deposit, minus any withheld amounts, within 30 days of lease termination or abandonment by the tenant.[12]
Itemized Statement Required
The landlord must provide a written statement of the basis for withholding any deposit amount, along with copies of bills, invoices, or receipts for repairs, within 30 days.[13]
Rent Payment Requirements
Grace Period
Rent is not considered "late" until 5 days after the due date. Late fees cannot be charged during this grace period.[14]
Maximum Late Fee
**State Law: **Washington does NOT specify a maximum late fee for residential rentals. Late fees must be "reasonable."[15]
Note: **Important Note: **RCW 19.150.150 (which sets $20 or 20% whichever is greater) applies to storage units ONLY, not residential properties.[16]
**Seattle/Tacoma: **Local ordinances cap late fees at $10/month.
NSF (bounced Check) Fees
**Initial: **Reasonable handling fee for bounced check.
**After 15-Day Notice: **12% interest per annum plus collection costs up to $40 or face amount of check, whichever is less.
**In Court: **Attorneys' fees plus 3x face amount or $300, whichever is less.[17]
14-Day Notice for Non-Payment
If rent is not paid after the 5-day grace period, the landlord can send a 14-day notice to quit (pay rent or vacate).[18]
Landlord's Right to Enter
General Access (2-Day Notice)
The landlord may access the rental property by giving at least 2 days' written notice for maintenance, repairs, or inspections.[19]
Showing Property (1-Day Notice)
When showing the property to prospective tenants or buyers, at least 1 day's notice is required.[20]
Emergency Access
The landlord may enter without notice in case of emergency or abandonment.[21]
Resources
- RCW 59.18.060(12)(a) - Fire Safety Information
- RCW 59.18.060(15) - Landlord/Agent Identification
- 42 U.S.C. § 4852d - Lead-Based Paint Disclosure (Federal)
- RCW 59.18.060(13) - Mold Information
- RCW 59.18.060(12) - Smoke Detection Device
- RCW 59.18.260(2) - Move-In Checklist
- RCW 59.18.285 - Nonrefundable Fees Disclosure
- RCW 59.18.270 - Security Deposit Receipt
- Seattle Municipal Code 7.24.080 - Voter Registration Packet
- RCW 59.18.253 - Holding Deposits (NOT Security Deposits)
- RCW 59.18.270 - Security Deposit Trust Account
- RCW 59.18.280(1)(a) - Security Deposit Return Timeline
- RCW 59.18.280(1)(a),(b) - Itemized Statement Required
- RCW 59.18.170(2) - 5-Day Grace Period
- RCW 59.18.140 - Reasonable Late Fees
- RCW 19.150.150 - Late Fees for Storage Units ONLY
- RCW 62A.3-515 - NSF (Bounced Check) Fees
- RCW 59.12.030(4) - 14-Day Notice for Non-Payment
- RCW 59.18.150(6) - Landlord Entry (2-Day Notice)
- RCW 59.18.150(5) - Landlord Entry for Showings (1-Day Notice)
- RCW 59.18.150 - Emergency Access
- RCW 59.18.100(2) - Tenant Repair and Deduct
- RCW 59.12.030 - 10-Day Notice for Non-Compliance
- RCW 59.18.200 - Month-to-Month Termination (20-Day Notice)
- RCW 59.18.220(2) - Military Service Early Termination
- RCW 59.18.575 - Domestic Violence Early Termination
- RCW 59.18.090(1) - Landlord Breach Early Termination
- RCW 59.18.310 - Abandonment Liability
- RCW 59.18.310 - Unclaimed Property Storage
- RCW 59.18.290 - Lockout Prohibition
- RCW 59.18.300 - Utility Shutoff Prohibition
Disclaimer
This document provides general information about Washington State residential lease agreements based on publicly available statutes. It is not legal advice and should not be used as a substitute for consultation with a qualified attorney. Laws may change, and their application can vary based on specific circumstances. For legal advice regarding your specific situation, please consult with a licensed attorney in Washington.