Washington Month-to-Month Lease Agreement

Required Landlord Disclosures (9)

1. Lead-based paint and hazards: Landlords nationwide must provide tenants with a disclosure form and an EPA pamphlet to disclose potential lead-based paint hazards in homes built before 1978.
2. Fire safety and protection: Washington landlords must provide written notice of safety features (alarms, sprinklers, detectors, evacuation plans, etc.) (RCW 59.18.060.12a), and Seattle landlords must disclose whether or not working fire alarms and sprinklers exist in multi-family units.
3. Landlord identification: Washington landlords must inform tenants of their or the property manager’s identity through a written notice or conspicuous posting within the property (RCW 59.18.060.15).
4. Mold health hazards: Landlords must provide tenants with information from the Department of Health regarding mold risks and control procedures through a written notice or posting within the rental community (RCW 59.18.060.13).
5. Security deposit checklist and receipt: To collect security deposits, landlords must provide tenants with a condition report checklist describing the rental property’s condition and a document with the name and address of the financial institution holding the deposit (RCW 59.18.260.2 and RCW 59.18.270).
6. Nonrefundable fees: Washington landlords must clearly state all nonrefundable fees within the lease agreement (RCW 59.18.285).
7. Voter pamphlet: Seattle landlords must provide tenants with a voter registration pamphlet (SMC 7.24.080), and Tacoma landlords must provide tenants with Tacoma’s Tenant Bill of Rights pamphlet.
8. Occupancy: Tacoma leases must disclose the number of allowed occupants and describe any uninhabitable spaces (attics, garages, etc.) (TMC 1.95.037).
9. Notarization: Washington leases exceeding 12 months require notarization.

Required Notice to Terminate Month-to-Month Agreement

Because month-to-month rental agreements lack a defined end date, Washington law governs termination procedures.

Required notice for landlord: In most cases, state law requires landlords to have a legally valid reason (just cause) to terminate a month-to-month tenancy, even if that tenancy began after a lease expired and the tenant remained with the landlord’s consent (RCW 59.18.650).

If the landlord is terminating the tenancy due to a change in building use or policy, they must give tenants a minimum of 90 days’ notice (RCW 59.18.200).

If the landlord terminates the tenancy to convert the property to a condominium, they must give tenants a minimum of 120 days’ notice (RCW 59.18.200).

If the landlord is terminating the tenancy due to demolition or substantial rehabilitation of the property, they must give tenants a minimum of 120 days’ notice (RCW 59.18.200).

Certain cities, such as Vancouver, Bellingham, and Tacoma, have ordinances allowing landlords to give 60 days’ notice for no-fault lease terminations.

Required notice for tenant: Tenants must provide written notice of lease termination at least 20 days before the end of the rental period (which ends the day before rent is due).

Military personnel (including their spouses and dependents) who receive permanent change of station or deployment orders requiring them to vacate with less than 20 days’ notice may provide shorter notice (RCW 59.18.200(1)(a)).

Legal note: Because Washington landlord-tenant law regarding terminating month-to-month leases is complex, always check current laws and local ordinances before taking action to end a lease.

Rent Increase Laws

Washington State law prohibits rent control, meaning cities and counties cannot enact ordinances limiting how much landlords can increase rent (RCW 35.21.830). The state legislature passed the law in 1981, preventing rent control or stabilization.

Landlords must give month-to-month tenants 60 days’ written notice before increasing rent. The required notice period for subsidized tenancies is 30 days (RCW 59.18.140(3)).

Seattle requires that landlords give tenants a 180-day written notice before increasing rent.

Always check local ordinances to see if your city or county has similar regulations regarding rent increases.

Rent Payment Laws

Grace period: Washington tenants have a 5-day grace period after rent is due to make rent payments without penalty (RCW 59.18.170.2).

Late rent fees: After the 5-day grace period ends, landlords can charge a late fee of $20 or 20% of one month’s rent, whichever total is greater (RCW 19.150.150). Seattle and Tacoma landlords must limit their late fees to $10.00 monthly (SMC 7.24.034) (LFCI).

Tenant’s right to withhold rent: Tenants can withhold up to 1 month’s rent for repairs they conduct themselves, and they can withhold up to 2 months’ rent for repairs requiring a third-party skilled worker (RCW 59.18.100).

Pet rent laws: Washington law prohibits landlords from charging pet rent. They can charge a refundable pet deposit of up to $150 (Senate Bill 6064). Seattle and Tacoma landlords cannot charge pet rent in excess of 25% of the first month’s rent.

Security Deposit Rules

Maximum security deposit amount: No law in Washington restricts the amount landlords can charge for a security deposit. Seattle landlords, however, can only charge up to one month’s rent and must offer payment installment plans. Tacoma landlords must limit all move-in costs to 1 month’s rent.

Washington landlords can charge a maximum deposit of 25% of the first month’s rent for tenants to reserve or put a hold on the property (RCW 59.18.253).

Receipt of deposit: Washington landlords must give tenants a written receipt for the security deposit, including the financial institution’s name and address, and notify tenants of any changes (RCW 59.18.270).

Interest on security deposits: Washington landlords must keep security deposits with a Washington-based financial institution or escrow agent and can keep any accrued interest gained from the deposit (RCW 59.18.270).

Deduction tracking: When returning a security deposit, Washington landlords must provide a written notice detailing all deductions for repairs, including invoices for contracted work or receipts for tenant-performed repairs (RCW 59.18.280.1a-b).

Returning a tenant’s security deposit: Washington landlords must return security deposits within 30 days of lease termination or abandonment, along with a statement of any withholdings, either delivered personally or through USPS first-class mail (RCW 59.18.280.1a). Seattle and Tacoma landlords have 21 days to return security deposits along with any itemized deductions.

Property Access Regulations

Advance notice: In Washington, landlords must give tenants at least 2 days’ written notice before entering their rental property for most reasons.

If the landlord needs access to show the unit to prospective tenants or buyers, they only need to give tenants 1 day of written notice.

This notice must specify the date and time (or a timeframe) of the planned access, the reason for the access, and a phone number the tenant can use to object or request a different time (RCW 59.18.150).

Immediate access: Washington law permits landlords to enter a rental property immediately and without prior notice in two specific situations: an emergency or if the tenant has abandoned the premises (RCW 59.18.150.5).

Landlord harassment: After a landlord receives written notice of an initial improper entry in Washington, subsequent unlawful entries can result in penalties. The landlord may be liable to pay a $100 fine for each subsequent improper entry and may be required to cover the tenant’s attorney fees (RCW 59.18.150.8).

Repeated improper entry violations may be considered “unlawful harassment,” potentially allowing the tenant to legally terminate their lease agreement without penalty (RCW 59.18.575.1).

Rental Agreement Violations

Missed rent payment: In Washington, landlords can charge reasonable late rent fees (RCW 59.18.170.2) or issue a 14-day Notice to Pay or Vacate if rent isn’t paid after the 5-day grace period (RCW 59.18.057).

Lease violation: Landlords can respond to lease violations in several ways. They may issue a 10-day Notice to Cure or Quit for violations other than nonpayment of rent.

If a tenant commits four lease violations within 12 months, the landlord can issue a 60-day eviction notice to the tenant (RCW 59.12.030.4 and RCW 59.18.650.1(n)(i)).

For more serious violations, such as significant property damage, illegal activity, or creating a nuisance, landlords can issue a 3-day Notice to Quit that gives tenants 3 days to leave the property without curing their infraction (RCW 59.12.030.5).

Self-help evictions: Self-help evictions, such as changing locks or forcibly removing a tenant sans a court order, are illegal in Washington, and landlords should never attempt them (RCW 59.18.290).