Washington Residential Lease Requirements and Disclosures

Washington regulates residential tenancies through the Residential Landlord-Tenant Act, chapter 59.18 RCW. This article covers what a written lease must contain, the disclosures a landlord has to hand over, and the terms Washington law refuses to enforce. It is one of the topics in Washington landlord-tenant law, which orients tenants and landlords to the rules, notices, and rights that run through a tenancy.

When a Washington lease has to be in writing

Washington allows oral rental agreements. A month-to-month tenancy can exist on a handshake, and the Residential Landlord-Tenant Act still governs it. Two things change that. Under RCW 59.18.260, any tenancy where the landlord collects a deposit or security must be in writing. Under RCW 59.18.285, the same is true whenever the landlord charges a nonrefundable fee. In practice, almost every professionally managed tenancy is written, because deposits and fees are standard.

When there is a written rental agreement, the landlord must give an executed copy to each tenant who signs it, and the tenant can request one free replacement copy during the tenancy under RCW 59.18.065. A lease the tenant never receives a signed copy of is a common early sign that the landlord is not following the statute.

Deposits, fees, and the move-in checklist

The deposit rules are where Washington attaches the most specific content requirements to a lease. RCW 59.18.260 requires the written agreement to spell out the terms and conditions under which the landlord may keep all or part of the deposit at the end of the tenancy. If any of the deposit can be withheld to cover damage the tenant is responsible for, the lease has to say so in writing. The separate rules on getting that money back at move-out, including the Washington security deposit return deadline and the itemized-statement requirement, run from these same lease terms.

The statute also ties the deposit to a move-in inspection. No deposit may be collected unless the landlord gives the tenant a written checklist at the start of the tenancy describing the condition and cleanliness of the unit, including walls, carpets and flooring, furniture, and appliances. The checklist must be signed and dated by both the landlord and the tenant, and the tenant gets a copy. Ordinary wear and tear cannot be charged against the deposit.

Two related sections shape how deposits and fees appear in the lease. Deposit money must be held in a trust account at a Washington financial institution or licensed escrow agent, and the landlord must give a written receipt and written notice of the name, address, and location of the depository under RCW 59.18.270. And a nonrefundable fee has to be labeled that way: RCW 59.18.285 says a nonrefundable fee must be in a written agreement that clearly states it is nonrefundable, and a fee that is not clearly designated as nonrefundable is treated as a refundable deposit.

Disclosures the lease must include

Beyond the money terms, RCW 59.18.060 requires a landlord to give tenants several written disclosures at the time the lease is signed. These are usually attached to or built into the lease packet:

• Fire safety and smoke detection. The landlord must provide written notice about the smoke detection device and the tenant’s duty to maintain it. For buildings other than single-family homes, the notice must also disclose whether detectors are hard-wired or battery operated, whether the building has a sprinkler system, a fire alarm system, a smoking policy, and emergency notification, relocation, and evacuation plans.
• Flood risk and insurance. The landlord must disclose whether the property may sit in a special flood hazard area or an area of potential flooding, and that the landlord’s insurance does not cover a tenant’s personal belongings.
• Mold. The landlord must provide the tenant with information approved by the Department of Health about the health hazards of indoor mold and how to control it.
• Who the landlord is. The landlord must state the name and address of the person who is the landlord, either on the rental agreement itself or on a notice conspicuously posted at the property, and must notify the tenant in writing of any change.

Because RCW 59.18.060 requires the fire-safety, flood, and mold disclosures to be delivered when the lease or rental agreement is signed, a lease that omits them is incomplete under the statute even if it is otherwise valid. RCW 59.18.060 is also the section that sets the landlord’s core repair and habitability duties, which the Washington warranty of habitability covers in detail, including the deadlines to fix defects after written notice.

Lease terms Washington will not enforce

A Washington lease is defined as much by what it cannot say as by what it must include. RCW 59.18.230 lists provisions that are void and unenforceable even if a tenant signs them. A rental agreement may not require the tenant to:

• Waive or give up rights or remedies under the Residential Landlord-Tenant Act
• Give up the right to bring or join a lawsuit against the landlord, including a class action
• Sign a nondisclosure agreement about the lease terms, such as the rent amount, deposits, fees, or concessions
• Authorize anyone to confess judgment on a claim from the rental agreement
• Pay the landlord’s attorneys’ fees, except as a court awards them under the chapter
• Release the landlord from liability or agree to indemnify the landlord for it
• Agree to a specific arbitrator at signing, or to arbitrate at all unless the landlord pays the entire cost and the agreement is notarized
• Pay a late fee on rent paid within five days after the due date
• Make rent payments by electronic means only

The late-fee limit is one tenants encounter most. Under RCW 59.18.230, no late fee can apply to rent paid within five days of the due date; once rent is more than five days late, the landlord may charge late fees from the first day after the due date.

Rent, rules, and rent-increase notice

A lease can set reasonable rules about using and maintaining the unit. Under RCW 59.18.140, those obligations bind the tenant when they are brought to the tenant’s attention at the start of the tenancy and become part of the rental agreement. Adding a new rule mid-tenancy generally takes 30 days’ written notice.

Rent increases carry their own notice rule, and it changed recently. As of 2025, RCW 59.18.140 requires a landlord to give at least 90 days’ prior written notice before raising rent, and the increase cannot take effect before the end of the current lease term. Subsidized tenancies where rent is based on the tenant’s income use a shorter 30-day notice. A lease clause that tries to allow a faster increase runs against the statute.

Checking a written lease before signing

Reading a Washington lease against the statute is a matter of matching the document to a short list of requirements rather than judging whether each clause seems fair.

1. Confirm the agreement is written and you receive a copy

   If the landlord is taking a deposit or a nonrefundable fee, the agreement must be written under RCW 59.18.260 and 59.18.285. The landlord must give each signer an executed copy under RCW 59.18.065.

2. Match the deposit and fee terms to the statute

   Check that the lease states the conditions for withholding the deposit, that a signed move-in checklist is attached, and that any nonrefundable fee is clearly labeled nonrefundable. Confirm the written receipt names where the deposit is held.

3. Look for the required disclosures

   Confirm the packet includes the fire-safety and smoke-detection notice, the flood and renter’s-insurance disclosure, the mold information, and the landlord’s name and address.

4. Scan for provisions Washington voids

   Compare the lease against the list in RCW 59.18.230. Waivers of tenant rights, confession-of-judgment clauses, and late fees on rent paid within five days are unenforceable even after signing.