Washington Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)
What Washington law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.
Main statute: Washington Residential Landlord-Tenant Act (RCW 59.18) (RCW 59.18)
Security deposits
- Max
- No statewide cap found. A deposit may be collected only with a written lease and a signed, dated move-in checklist describing the unit's condition; without the checklist the landlord is liable for the whole deposit. Deposits go in a Washington trust account and the tenant gets a receipt. On written request, the tenant may pay deposits, nonrefundable fees and last month's rent in installments (2 or 3 months) unless they total no more than 25% of the first month's rent. A fee is refundable unless the written lease clearly calls it nonrefundable.
- Return deadline days
- 30 days
- Itemization required
- Yes
Source: RCW 59.18.260, 59.18.270, 59.18.280, 59.18.285, 59.18.610
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Late fees
- Rule
- No late fee for rent paid within 5 days after the due date; after that, late fees may run from the day after the due date. A lease clause agreeing to earlier late fees is prohibited.
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Landlord entry
- Notice
- At least 2 days' written notice stating the date(s) and time window plus a phone number for objections, and entry only at reasonable times; 1 day's notice to show the unit to buyers or tenants. No notice needed in an emergency or abandonment, or where notice is impracticable. No harassment or excessive showings.
Source: RCW 59.18.150
Ending a month-to-month tenancy
- Tenant
- 20 days' written notice before the end of a rental period
- Landlord
- Only for a 'cause' listed in RCW 59.18.650, with the notice that cause requires (a 6–12 month initial lease that rolls to month-to-month may be ended without cause at the end of the initial term with 60 days' written notice).
Source: RCW 59.18.200, 59.18.650
Rent increases
- Rule
- At least 90 days' written notice of any rent increase (30 days for income-based subsidized tenancies), using the state-required notice form; an increase cannot take effect before the lease term ends.
- Statewide rent control
- Yes (since May 7, 2025): no increase in the first 12 months of a tenancy, then at most 7% + CPI or 10%, whichever is less, per 12 months; the Department of Commerce publishes the yearly figure. Exempt: units whose first certificate of occupancy is 12 years old or newer, some nonprofit/public/low-income housing, and some owner-occupied homes and 2–4 unit buildings.
Repairs & habitability
- Rule
- Landlord must keep the unit fit for habitation (codes, structure, pests, locks, heat, water, etc.). After written notice, repairs must start within 24 hours (no heat, water, electricity or imminent hazard), 72 hours (fridge, stove/oven, major plumbing) or 10 days (other). If not, remedies include repair-and-deduct (licensed contractor: up to 2 months' rent per repair and per 12 months; tenant self-repair: up to 1 month's rent).
Retaliation
- Rule
- Landlord may not retaliate (eviction, rent increase, reduced services, added obligations) for good-faith complaints to authorities or asserting rights; action within 90 days is presumed retaliatory (rebuttable), except when the tenant is behind on rent or in breach.
Source: RCW 59.18.240, 59.18.250
Clauses often unenforceable in Washington
- Waiving tenant rights or the right to sue / join class actions (RCW 59.18.230(2)(a)-(b))
- Non-disclosure agreements about the lease, rent, deposits, fees or concessions (59.18.230(2)(c))
- Confession of judgment, or tenant paying landlord's attorney fees beyond what the chapter allows (59.18.230(2)(d)-(e))
- Limiting the landlord's liability or making the tenant indemnify the landlord (59.18.230(2)(f))
- Pre-selected arbitrator, or arbitration unless the landlord pays all costs and the agreement is notarized (59.18.230(2)(g)-(h))
- Late fees for rent paid within 5 days of the due date (59.18.230(2)(i))
- Rent payable only electronically (59.18.230(2)(j))
- Liens on or seizing the tenant's belongings for rent (59.18.230(4))
- Keeping a deposit without a signed move-in checklist, or for normal wear or undocumented carpet cleaning (59.18.260, 59.18.280)
Notes
Knowingly using a lease with prohibited clauses can cost the landlord actual damages plus up to 2 months' rent and attorney fees (RCW 59.18.230(3)). Missing the 30-day deposit statement makes the landlord liable for the full deposit (59.18.280(2)). Cities (e.g., Seattle) may have additional local rules.
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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.