A Washington residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State law sets the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit. Additional disclosures and tenancy rules apply in the city of Seattle.
Washington Lease Agreement Disclosures
These disclosures are required for residential lease agreements in Washington:
| Disclosure | Applicable To |
|---|---|
| Landlord’s Name and Address | All Units |
| Fire Safety and Protection | All Multi-Family Units |
| Mold | All Units |
| Move-In Checklist | All Units Charging a Security Deposit |
| Security Deposit Holdings | All Units Charging a Security Deposit |
| Non-Refundable Fees | Units Charging Non-Refundable Fees |
| Seattle Renter’s Handbook and Voter Registration Packet |
All Units in Seattle |
| Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applies to all Washington rentals.
Washington leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.
Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.
Fire Safety and Protection Notice
Applies to all Washington multi-family rentals.
Washington leases must provide property information about smoke detectors, fire sprinklers, alarms, fire safety systems and evacuation plans. This may be a written notice or checklist, and must include a diagram of emergency evacuation routes. It should be signed by both the landlord and tenant, with copies given to each party.
These are the required points of disclosure:
- Whether the smoke detection device is hard-wired or battery operated
- Whether the building has a fire sprinkler system
- Whether the building has a fire alarm system
- Whether the building has a smoking policy, and what that policy is
- Whether the building has an emergency notification plan for the occupants (providing a copy, if yes)
- Whether the building has an emergency relocation plan for the occupants (providing a copy, if yes)
- Whether the building has an emergency evacuation plan for the occupants (providing a copy, if yes)
Download: Washington State Fire and Safety Notice (PDF)
Mold Disclosure
Applies to all Washington rentals.
Washington rentals must warn about the dangers of indoor mold in the form of a lease disclosure, or a notice posted in a conspicuous location. The disclosure must include information about best practices to counter mold growth and related health risks.
This informational guide will satisfy Washington disclosure requirements.
Download: Washington State Mold Disclosure Form (PDF)
Move-In Checklist
Applies to any Washington rental collecting a security deposit.
Washington landlords can’t collect a security deposit without documenting the rental property’s condition using a written move-in checklist. Both the landlord and the tenant must receive a signed and dated copy of the checklist. This helps ensure accurate assessment of damages and deductions upon move-out.
To be valid, the checklist must, at minimum, document the condition of:
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Walls, including wall paint and wallpaper
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Carpets and other flooring
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Furniture
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Appliances
Download: Washington State Move-In Checklist (PDF)
Security Deposit Holdings Disclosure
Applies to any Washington rental holding a security deposit.
Washington landlords who collect a security deposit must provide tenants with a receipt that includes holding information. The receipt must include the name and location of the depository.
SECURITY DEPOSIT HOLDINGS. The security deposit collected as per this lease agreement can be found in a trust account at:
NAME OF DEPOSITORY:_________
LOCATION:____________________________________
Download: Washington State Security Deposit Holdings Disclosure (PDF)
Non-Refundable Fees
Applies to any Washington lease which imposes non-refundable fees.
Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Washington landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Seattle Renter’s Handbook and Voter Registration Packet
Applies to Seattle rentals (not required in other cities).
Seattle landlords must distribute a Renter’s Handbook to new and potential tenants. This handbook contains tenant rights information and a voter registration packet.
Download: Renter’s Handbook (Renting in Seattle)
Lead-Based Paint Disclosure
Applies to any rental units built prior to 1978.
Washington residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Washington State Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addendums (Recommended)
The following lease agreement disclosures and addenda are not required by Washington law in residential lease agreements, but help with tenant management and landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Washington limits late fees to $20 or 20% of the monthly rental amount, whichever is greater. Returned check fees have a cap of $40 per check + 12% interest from the date of dishonor. Fees must be disclosed in the lease. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 Wash. Rev. Code § 59.18.060(15)
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The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:
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(15) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes in writing, which must be either (a) delivered personally to the tenant or (b) mailed to the tenant and conspicuously posted on the premises. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.
Source Link - 2 Wash. Rev. Code § 59.18.060(12)(a)
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The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:
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(12)(a) Provide a written notice to all tenants disclosing fire safety and protection information. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 43.44.110. The notice shall inform the tenant of the tenant’s responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 43.44.110(3). The notice must be signed by the landlord or the landlord’s authorized agent and tenant with copies provided to both parties.
Source Link - 3 Wash. Rev. Code § 59.18.060(13)
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The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:
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Provide tenants with information provided or approved by the department of health about the health hazards associated with exposure to indoor mold. Information may be provided in written format individually to each tenant, or may be posted in a visible, public location at the dwelling unit property. The information must detail how tenants can control mold growth in their dwelling units to minimize the health risks associated with indoor mold. Landlords may obtain the information from the department’s website or, if requested by the landlord, the department must mail the information to the landlord in a printed format. When developing or changing the information, the department of health must include representatives of landlords in the development process. The information must be provided by the landlord to new tenants at the time the lease or rental agreement is signed;
Source Link - 4 Wash. Rev. Code § 59.18.260(2) & (3)
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(2) No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement is provided by the landlord to the tenant at the commencement of the tenancy specifically describing the condition and cleanliness of or existing damages to the premises, fixtures, equipment, appliances, and furnishings including, but not limited to:(a) Walls, including wall paint and wallpaper;(b) Carpets and other flooring;(c) Furniture; and(d) Appliances.(3) The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. The tenant has the right to request one free replacement copy of the written checklist.Source Link
- 5 Wash. Rev. Code § 59.18.280(1)(c)
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No portion of any deposit may be withheld:
(i) For wear resulting from ordinary use of the premises;
(ii) For carpet cleaning unless the landlord documents wear to the carpet that is beyond wear resulting from ordinary use of the premises;
(iii) For the costs of repair and replacement of fixtures, equipment, appliances, and furnishings if their condition was not reasonably documented in the written checklist required under RCW 59.18.260; or
(iv) In excess of the cost of repair or replacement of the damaged portion in situations in which the premises, including fixtures, equipment, appliances, and furnishings, are damaged in excess of wear resulting from ordinary use of the premises but the damage does not encompass the item’s entirety.
Source Link - 6 Wash. Rev. Code § 59.18.270
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The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof.
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Source Link - 7 Wash. Rev. Code § 59.18.285
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No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as nonrefundable fees. If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW 59.18.260, 59.18.270, and 59.18.280.
Source Link - 8 Wash. Rev. Code § 62A.3-515(a)
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If a check as defined in RCW 62A.3-104 is dishonored by nonacceptance or nonpayment, the payee or person entitled to enforce the check under RCW 62A.3-301 may collect a reasonable handling fee for each instrument. If the check is not paid within fifteen days and after the person entitled to enforce the check or the person’s agent sends a notice of dishonor as provided by RCW 62A.3-520 to the drawer at the drawer’s last known address, and if the instrument does not provide for the payment of interest or collection costs and attorneys’ fees, the drawer of the instrument is liable for payment of interest at the rate of twelve percent per annum from the date of dishonor, and cost of collection not to exceed forty dollars or the face amount of the check, whichever is less, payable to the person entitled to enforce the check. In addition, in the event of court action on the check, the court, after notice and the expiration of the fifteen days, shall award reasonable attorneys’ fees, and three times the face amount of the check or three hundred dollars, whichever is less, as part of the damages payable to the person enforcing the check. This section does not apply to an instrument that is dishonored by reason of a justifiable stop payment order.
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