Washington Tenant-Landlord Rental Laws & Rights for 2024

Overview of Washington Tenant-Landlord Laws

In Washington State, both tenants and landlords have specific rights and responsibilities outlined in the Residential Landlord-Tenant Act. This law serves as the foundation for regulating the rental housing market and provides protections for both parties.

For tenants, some key rights include:

• The right to a habitable living space that meets basic standards of health and safety
• Protection from unlawful discrimination in housing
• The right to proper notice before a landlord can enter the rental unit or raise the rent
• The ability to get deposits refunded after move-out, minus allowable deductions

Tenant responsibilities include:

• Paying rent on time
• Keeping the rental unit clean and undamaged beyond normal wear and tear  
• Allowing landlord access for repairs and inspections with proper notice
• Providing proper written notice before terminating a tenancy

For landlords, they have the right to:

• Screen and select tenants objectively based on legal criteria  
• Charge market-rate rent and increase it with proper notice
• Collect security deposits and deduct for damages beyond normal wear
• Evict tenants through the court process for violations like non-payment

Landlord responsibilities include:

• Making the rental unit and common areas habitable and maintaining it fit for occupation
• Respecting tenants' right to privacy and providing proper notice before entry  
• Following all required processes for raising rent, terminating tenancies, or pursuing evictions
• Promptly returning security deposits with an itemized accounting of any deductions

The Residential Landlord-Tenant Act covers additional areas like security deposit limits, proper eviction procedures, discrimination prohibitions, and more. Understanding these laws helps renters and property owners know their rights and fulfill their legal obligations.

Before Moving In

When looking for a rental in Washington, you'll likely encounter two main types of rental agreements - month-to-month and fixed-term leases. 

Month-to-Month Rental Agreements

A month-to-month rental agreement automatically renews each month unless proper notice is given by either the tenant or landlord to terminate. These agreements provide flexibility but less long-term security.

Fixed-Term Leases

A fixed-term lease has a set beginning and end date, commonly 6 months or 1 year. Leases cannot be terminated early unless both parties agree. They provide more predictability but less flexibility.

All rental agreements in Washington, whether month-to-month or lease, must include certain components:

• Names of all tenants aged 18 or older
• Property address 
• Term of the tenancy 
• Rent amount and due dates
• Deposits and fees required
• Responsibilities for utilities 
• Repair/maintenance responsibilities
• Rules about pets, guests, parking, etc.

Landlords cannot use rental agreements to waive any tenant rights under state law. Illegal provisions are unenforceable.

When signing a new rental agreement, tenants must pay the first month's rent plus any required deposits or fees. For security deposits, Washington caps the amount at one month's rent for unfurnished units and two month's rent for fully furnished units. However, the total of all deposits and fees cannot exceed two month's rent.

In addition to security deposits, landlords can charge:

• Pet deposits (refundable)
• Cleaning fees (non-refundable)  
• Fees for credit/background checks

All deposits and fees must be listed in the rental agreement with the amounts. Any fees not disclosed cannot be charged later.

Condition Check-In List

Documenting the condition of your rental unit when you first move in is crucial for protecting yourself from potential disputes with your landlord over security deposit deductions when you move out. Conducting a thorough check-in inspection and creating a detailed condition report can serve as valuable evidence should any disagreements arise later.

Upon taking possession of the rental property, you should carefully examine every room, noting any existing damage, wear and tear, or issues with cleanliness or functionality. Make a checklist and go through each area systematically, including the living room, kitchen, bathrooms, bedrooms, closets, and any other spaces. Check for scratches, dents, stains, or other imperfections on walls, floors, countertops, appliances, fixtures, and furnishings.

In addition to written notes, it's highly recommended to take time stamped photographs and/or videos of the entire unit, capturing close-up shots of any pre-existing problems or areas of concern. This visual documentation can be incredibly useful in substantiating your claims if the landlord tries to attribute pre-existing damage to your tenancy.

Once you've completed your inspection, promptly provide a copy of your condition report and any accompanying photos or videos to the landlord or property manager. Request that they review, sign, and return a copy to you, acknowledging the documented state of the rental unit at the start of your tenancy. This signed report can serve as a legally binding record of the unit's condition upon your move-in.

Rent Payments and Rent Control in Washington

Rent Payments

Rent is typically due on the first day of each month in Washington, unless specified otherwise in the rental agreement. Many landlords provide a grace period of a few days before considering rent late, but this grace period cannot be shorter than 3 days after the due date. Tenants should review their rental agreements to understand the specific terms and deadlines.

If rent is paid after the grace period ends, landlords are allowed to charge a reasonable late fee. Under Washington law, a late fee cannot exceed 20% of the monthly rent amount. For example, on a $1,000 rent payment, the maximum allowable late fee is $200. Landlords must provide tenants with a written notice specifying the amount of rent due, when it is considered late, and the amount of any late fees charged. This notice must be given each tenancy year for recurring late fees to be valid.

It's important for tenants to pay rent on time to avoid late fees and potential eviction proceedings. If tenants are having difficulty paying rent, it's best to communicate with the landlord proactively to try to make arrangements.

Rent Control

Washington does not have statewide rent control laws, allowing landlords to set rental prices based on market conditions. However, some cities within the state, like Seattle, have implemented local regulations that provide additional protections for tenants. For instance, Seattle's Just Cause Eviction Ordinance restricts the reasons for which a landlord can terminate a tenancy and includes provisions that impact rent increases.

While statewide legislation does not limit rent increases, landlords must still adhere to the terms of the lease agreement. For month-to-month rental agreements, landlords must provide proper notice of any rent increase, typically requiring at least 30 days' notice. For fixed-term leases, rent increases can only occur when the lease term expires and a new lease is signed.

Understanding these regulations helps ensure that both tenants and landlords are aware of their rights and responsibilities regarding rent payments and increases. By adhering to these guidelines, landlords can manage their properties effectively, and tenants can protect their financial stability.

Maintenance and Repairs

Landlords in Washington State have a legal responsibility to ensure rental units provide habitable living conditions for tenants. This includes making necessary repairs in a timely manner to maintain the property's habitability.

Tenants have a right to rental housing that meets basic standards of health and safety. Habitability requirements cover issues like weatherproofing, plumbing, heating, electricity, and the overall structural integrity of the property. If deficiencies arise that violate these standards, tenants can request repairs from their landlord.

When a repair request is made, landlords must respond promptly to fix the issue. Exactly how soon depends on the severity of the problem, but in general, repairs impacting basic habitability should be taken care of within a week or two after receiving notice. For more minor issues, 30 days is typically considered a reasonable timeframe.

Failure by a landlord to make necessary repairs in a timely manner would be considered a violation of the implied warranty of habitability under Washington law. In these cases, tenants have some powerful resources available, including rent withholding, repair-and-deduct remedies, or potentially terminating the rental agreement.

It's important for tenants to provide clear written notice to the landlord about needed repairs and to document all communications and the condition issues. Tenants should also take care to continue paying rent while pursuing remedies for lack of repairs.

Landlord's Access to Unit

In Washington State, landlords must provide tenants with proper notice before entering a rental unit, except in specific emergency situations. The law outlines clear guidelines to protect a tenant's right to privacy and peaceful enjoyment of their home.

Landlords are required to give at least a 2 days' written notice before entering the rental unit. This notice must state the intended date, approximate time, and reason for entry. Valid reasons include:

• Showing the unit to prospective tenants before the end of your tenancy
• Performing repairs or alterations
• Providing services as agreed in the rental agreement
• Inspecting for damages after you provide notice of moving out

In certain emergency situations, landlords may enter without advance written notice. These include:

• Responding to a fire or similar emergency that threatens the property
• Making necessary repairs after an emergency like a burst pipe
• Inspecting the premises if the landlord reasonably believes you have abandoned the property

Even in emergencies, landlords should make efforts to provide reasonable notice and minimize disruption to the tenant's privacy when possible. Tenants cannot unreasonably withhold allowing the landlord access for valid repair needs or inspections.

It is illegal for a landlord to abuse their right of access or use it to harass tenants. Any entry must be during normal business hours unless otherwise agreed. Violating a tenant's privacy rights can enable them to terminate the rental agreement or pursue damages.

Sale of Property

When a rental property is sold or transferred to a new owner, tenants have protections under Washington state law. The new landlord or property owner is required to honor the existing rental agreement or lease for its full duration. This means tenants cannot be forced to vacate the property or have their rental terms changed simply due to the sale.

Even in a sale situation, the original lease remains binding for both parties until it expires. The new landlord steps into the role of the previous owner and must uphold all provisions of the agreement, including:

• The monthly rent amount
• The lease end date
• Any other conditions outlined in the original contract

Tenants do not need to "re-qualify" for the rental by undergoing additional screening or meeting new requirements imposed by the new owner. Their tenancy is automatically transferred over under the existing agreed-upon terms.

The new property owner does have the right to increase the rent or make other modifications when the current lease term ends, as long as proper notice is provided as required by state law. However, during an active lease period, the new landlord cannot arbitrarily change the agreement.

This law protects tenants from being unexpectedly displaced due to a property sale out of their control. It provides stability to remain in their home through the end of the lease as originally promised by the former landlord.

Returning Security Deposit

Security deposit laws in Washington specify that when a tenant moves out of a rental property in Washington, the landlord must return the security deposit within 21 days. This timeline starts from the day the tenant returns possession of the unit to the landlord, such as returning the keys and fully vacating.

Landlords can make allowable deductions from the security deposit for the following reasons:

• Unpaid rent or utilities
• Costs to repair damages to the unit beyond normal wear and tear
• Cleaning fees if the unit was left excessively dirty
• Cost to replace missing items like keys or garage remotes

Landlords must provide the tenant with a written statement detailing any deductions taken from the deposit. This statement must include documentation and receipts justifying the charges.

Normal wear and tear from simply living in the rental cannot be charged against the deposit. Examples include slightly worn carpets, faded paint, or scratches on surfaces from basic use.

If no deductions are taken, the landlord must return the full security deposit amount within 21 days after the tenant moves out. Failure to do so can result in the tenant recovering court costs and up to twice the deposit amount.

Tenants have the right to dispute any improper deductions in court if they feel the charges are excessive or unjustified. Keeping documentation like move-in and move-out condition reports can help support the tenant's case.

Proper Notice to Vacate

To end a month-to-month rental agreement in Washington, tenants must provide the landlord with written notice at least 20 days before the next rent due date. For example, if rent is due on the 1st of the month, notice would need to be given by the 10th of the previous month to vacate at the end of that month. 

For fixed-term leases, such as a 1-year lease, tenants are generally held to the full lease term unless the landlord agrees to an early termination. If the tenant wishes to move out before the lease ends, they would need to provide written notice, typically 20-30 days, as specified in the lease agreement. The tenant may be responsible for paying rent through the remainder of the lease term or an early termination fee.

Tenants should review their rental agreement carefully for the proper notice period and requirements for providing written notice to vacate the property. Giving the landlord adequate notice helps avoid disputes or potential legal issues when ending the tenancy. The notice should state the exact date the tenant plans to move out and return possession to the landlord.

Eviction and Termination

There are specific reasons a landlord can terminate a tenancy and evict a tenant in Washington. Valid reasons include:

• Nonpayment of rent
• Violation of the rental agreement or rules
• Causing excessive property damage
• Engaging in illegal activity on the premises
• Creating a nuisance that disturbs others
• Refusing to give up the unit after proper notice to vacate

The eviction process must follow strict guidelines. The landlord must provide proper written notice, specifying the violation and a deadline to comply or vacate. If the tenant remains after the deadline, the landlord can file an eviction lawsuit with the court. 

Tenants have protections during an eviction process. They have the right to respond and dispute the eviction in court. Landlords cannot forcibly remove tenants, change locks, or turn off utilities - only the sheriff can carry out a court-ordered eviction. Retaliatory evictions for complaining about living conditions are illegal.

If the court rules in favor of the landlord, a Writ of Restitution is issued, allowing the sheriff's office to legally remove the tenant if they do not vacate by the specified date. Tenants typically have 3-5 days to move out after this point before forcible removal.

Abandonment

When a tenant moves out and leaves personal property behind without notifying the landlord, the rental unit is considered abandoned under Washington law. The landlord must make reasonable efforts to provide written notice to the tenant that the property will be considered abandoned.

If there is no response from the tenant within 7 days after the notice is properly served or mailed, the landlord can enter the unit and remove the abandoned property. The landlord has the right to dispose of or sell the abandoned property after providing proper notice.

However, the landlord must store a tenant's abandoned personal property for at least 45 days if the cumulative value is more than $50. During this time, the tenant has the right to contact the landlord, prove ownership, and retrieve their belongings by paying the actual or reasonable storage costs.

If the tenant does not claim and remove their property within 45 days, the landlord can sell the items at a public or reasonable private sale. Any proceeds from the sale go first to cover money due to the landlord, with any remainder going to the tenant.

The landlord must keep records of any abandoned property tossed out or sold for at least one year. Tenants who feel their property was improperly handled can take legal action against the landlord.

Squatters' Rights in Washington

Squatters' rights in Washington are governed by the doctrine of adverse possession, which allows an individual to claim ownership of a property if they occupy it continuously and meet specific legal criteria over an extended period. These laws are designed to ensure that property is used productively and to encourage landowners to monitor and maintain their properties.

Criteria for Adverse Possession

To establish a claim of adverse possession in Washington, a squatter must satisfy several criteria over a statutory period of 10 years. The key elements include:

• Actual Possession: The squatter must physically occupy the property, using it as an owner would. This includes living on the property, making improvements, or maintaining it.
• Open and Notorious: The possession must be visible and obvious to anyone, including the property owner. The squatter's presence should be apparent and not concealed, providing clear notice to the owner.
• Exclusive Possession: The squatter must be the sole occupant of the property, not sharing control with the owner or others.
• Hostile Possession: The occupation must be without the owner’s permission and against the owner’s interests. Hostility in this context does not imply aggression but means the squatter does not have legal authorization to be on the property.
• Continuous Possession: The squatter must occupy the property continuously for the entire statutory period without significant interruption.

Color of Title and Adverse Possession

Having color of title can strengthen a squatter's adverse possession claim in Washington. Color of title refers to a situation where the squatter has a document that appears to give them ownership, such as a deed or court order, even if it is legally defective. While having color of title can make it easier to claim adverse possession, the squatter must still meet all other criteria and occupy the property for the required 10-year period.

Property Owners' Rights and Preventative Measures

Property owners in Washington can take several steps to prevent adverse possession claims:

• Regular Inspections: Routinely inspecting and maintaining the property helps identify and address unauthorized occupancy promptly.
• Clear Boundaries: Erecting fences or posting signs can help establish clear property boundaries and deter squatters.
• Prompt Legal Action: Taking swift legal action to remove squatters can prevent them from meeting the continuous possession requirement.
• Granting Permission: Providing explicit permission for someone to use the property can negate the hostility requirement, thereby preventing an adverse possession claim.

Legal Process and Challenges

To establish a claim of adverse possession, a squatter typically needs to file a lawsuit to obtain a court judgment recognizing them as the legal owner of the property. The burden of proof lies with the squatter to demonstrate that all conditions of adverse possession have been met. Property owners can challenge these claims by presenting evidence that the criteria were not fulfilled, such as showing that the squatter’s possession was not continuous or that they had permission to be on the property.

Low Income Housing

For those who meet certain income requirements, subsidized or income-restricted rental housing can provide more affordable options. These properties receive government subsidies in exchange for capping rents at rates deemed affordable for lower-income households.

To qualify, your household income must fall below established limits, which are typically set at a certain percentage of the area median income. The exact income limits will depend on your county and municipality, as well as your household size. 

The application process begins by locating an income-restricted property you're interested in and contacting their leasing office. They will go over the specific income requirements for that property and have you complete a detailed application providing information about your household, income sources, assets, and more.

Be prepared to provide documentation to verify your income and household details, such as recent tax returns, pay stubs, bank statements, and identification for all household members. The landlord will then review your application to ensure you meet all eligibility criteria for the rent-restricted units at their property.

Many subsidized housing waitlists are long, so getting your name on them as soon as possible is important. Let the landlord know if you qualify for any special prioritization, such as if you are currently homeless, living in substandard conditions, or have a disability requiring the accessibility features of their units.

Housing Discrimination

In Washington State, it is illegal for landlords to discriminate against tenants based on certain protected characteristics. The Washington Law Against Discrimination prohibits housing discrimination on the basis of:

• Race
• Color 
• National origin
• Creed/religion
• Sex
• Disability 
• Familial status (having children)
• Marital status
• Sexual orientation
• Veteran/military status
• Age (with limited exceptions)

Examples of illegal housing discrimination by landlords include:

• Refusing to rent to someone because of their race, disability, familial status, etc.
• Imposing different rental terms or conditions based on protected characteristics
• Making discriminatory statements or publications indicating preferences 
• Refusing reasonable accommodations or modifications for tenants with disabilities
• Sexually harassing tenants
• Retaliating against tenants for reporting discrimination violations

If you believe you have experienced illegal housing discrimination, you can file a complaint with the Washington State Human Rights Commission within one year of the incident. Their staff will investigate the complaint and work to resolve it through mediation or legal action if necessary. You can also contact fair housing organizations for assistance in filing a complaint.

It's important to document any evidence of discrimination, such as statements made by the landlord, differences in treatment, advertisements with discriminatory language, etc. Having detailed records will strengthen your complaint. Landlords found guilty of discrimination face penalties like fines and potential lawsuits for damages.

Legal Resources and Organizations

There are several organizations in Washington State that provide counseling, legal aid, and advocacy for tenants dealing with landlord-tenant issues. These resources can help educate renters on their rights and responsibilities, as well as provide guidance and representation when disputes arise.

The Tenants Union of Washington State is a nonprofit organization dedicated to defending the rights of tenants. They offer counseling hotlines, education workshops, publications explaining tenant laws, and referrals to legal aid providers. The Tenants Union also advocates for better laws and policies to protect renters.

The Northwest Justice Project is a legal aid program that provides free civil legal services to low-income individuals and families. They have attorneys specializing in housing law who can advise tenants and potentially represent them in landlord-tenant cases.  

The Fair Housing Center of Washington is a nonprofit organization that enforces fair housing laws and provides education about housing discrimination. They investigate complaints of illegal discrimination and can assist victims in obtaining remedies.

Many counties and cities in Washington also have tenant assistance programs and housing justice projects to support renters locally. These may be run by the local government, housing authorities, legal aid clinics, or community organizations.

No matter the landlord-tenant issue, there are resources available to help Washington renters understand their rights and get assistance resolving disputes with their landlords. Tenants don't have to navigate complex housing laws alone.

Frequently Asked Questions

What can a landlord not do in Washington state?

In Washington, landlords cannot engage in discriminatory practices based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, or gender identity. They cannot evict tenants without proper notice and a legal process, lock tenants out of the property, shut off utilities to force tenants to leave, or retaliate against tenants for exercising their legal rights, such as reporting health or safety violations.

What are my rights as a tenant in Washington?

Tenants in Washington have the right to a habitable living environment, which includes safe and sanitary conditions, working plumbing and heating, and adequate security measures. They are protected against discrimination and have the right to privacy, requiring landlords to provide reasonable notice before entering the rental unit (usually 48 hours, except in emergencies). Tenants also have the right to request repairs and can withhold rent or repair and deduct in specific situations if the landlord fails to make necessary repairs.

How much notice does a tenant have to give in Washington?

In Washington, tenants must provide at least 20 days' written notice before the end of a rental period when terminating a month-to-month tenancy. The notice period for terminating a fixed-term lease is typically specified in the lease agreement. Tenants should check their lease for any specific notice requirements and adhere to them to avoid potential legal issues.

Who do I call for tenant rights in Washington state?

Tenants in Washington can seek assistance from the Washington State Attorney General's Office, which provides information on tenant rights and responsibilities. Local housing authorities, tenant unions, and nonprofit organizations like the Tenants Union of Washington State also offer support and resources for tenants.

What are the obligations of a landlord in Washington?

Landlords in Washington are obligated to maintain the rental property in a habitable condition, which includes ensuring that essential services like plumbing, heating, and electrical systems are functional and safe. They must make necessary repairs promptly, comply with all health and safety codes, and respect tenants' privacy by providing proper notice before entering the rental unit. Landlords are also responsible for providing tenants with information about their rights and obligations under the law.

How long does a landlord have to give you to move out in Washington State?

The notice period a landlord must give a tenant to move out in Washington depends on the type of tenancy and the reason for termination:

• For month-to-month tenancies, landlords must provide at least 20 days' notice before the end of the rental period.
• For fixed-term leases, the notice period is typically specified in the lease agreement.
• If the tenant has violated the lease terms or failed to pay rent, the landlord must provide a 14-day notice to pay rent or vacate for nonpayment, or a 10-day notice to comply with the lease terms or vacate for other violations.
• In cases of severe lease violations or illegal activities, landlords may provide a 3-day notice to vacate.