Washington Landlord-Tenant Laws (2026): Deposits, Rent Cap, and Tenant Rights

Washington Landlord-Tenant Laws (2026): Deposits, Rent Cap, and Tenant Rights
Washington has no statutory cap on security deposits, but landlords must hold deposits in a trust account and return them within 30 days after the tenancy ends. Landlords must give at least 2 days written notice before entering a unit for non-emergency reasons. Washington enacted a statewide rent cap in May 2025 (HB 1217), limiting annual rent increases to the lesser of 7 percent plus CPI or 10 percent.
Security deposits in Washington
Washington does not cap the dollar amount a landlord may charge for a security deposit, but the rules for holding and returning it are strict. The deposit must be placed in a trust account (a separate account not commingled with the landlord's personal or operating funds), and the landlord must give the tenant written notice of the bank and account within 14 days of receiving the deposit.
When the tenancy ends, the landlord has 30 days to return the deposit, or to send an itemized written statement of deductions accompanied by whatever remains. The 30-day clock begins when the tenant vacates and returns the keys. HB 1074, effective July 2023, moved this deadline from 21 days to 30 days.
Allowed deductions include unpaid rent, damage beyond normal wear and tear, and cleaning costs if the rental agreement requires the unit to be returned professionally cleaned. Deductions for normal wear (carpet fading, small nail holes, minor scuffs) are not permitted. If the landlord fails to return the deposit or provide the written statement within 30 days, the tenant may sue for the full amount plus court costs.
| Rule | Detail |
|---|---|
| Deposit cap | No statutory limit |
| Trust account required? | Yes |
| Return deadline | 30 days after tenancy ends |
| Itemized statement required? | Yes (with any withheld amount) |
When can a landlord enter? Notice rules
Washington requires landlords to give at least 2 days written notice before entering a rental unit for inspections, repairs, or other non-emergency purposes. For showings to prospective tenants or buyers, the required notice drops to 1 day. The notice must be in writing and state the purpose and the approximate time of entry; entry should occur during normal business hours unless the tenant agrees otherwise.

In genuine emergencies (a burst pipe, fire, gas leak, or immediate threat to health or safety), the landlord may enter without advance notice. The landlord may also enter if the tenant has abandoned the unit or if a court order authorizes entry.
The 2-day rule is part of Washington's Residential Landlord-Tenant Act (RCW 59.18.150). Entering without proper notice is an unlawful entry and may entitle the tenant to damages.
Ending a lease: notice to vacate
Washington's month-to-month termination rules are more tenant-protective than most states. A tenant who wants to end a month-to-month tenancy must give at least 20 days written notice before the end of the rental period.
A landlord, however, cannot simply give a 30- or 60-day notice and end a month-to-month tenancy without a valid reason. Under RCW 59.18.650, a landlord must have just cause to terminate any tenancy. Recognized causes include nonpayment of rent, material lease violations, the owner's intent to move in, a substantial remodel requiring the unit to be vacated, or demolition. The required notice period varies by cause, but a landlord cannot end a tenancy simply because the lease term is over or because they want the unit back without a legally recognized reason.
If the landlord is using a no-cause ground (such as owner move-in), additional notice periods and relocation assistance requirements may apply under local ordinances, particularly in Seattle. For nonpayment of rent or lease violations, see Washington's eviction notice rules at the eviction notice generator.
Repairs and the warranty of habitability
Washington recognizes a broad implied warranty of habitability under RCW 59.18.060. Landlords must maintain the dwelling in a condition fit for human habitation, including weatherproofing, working plumbing and heating, functional electrical systems, pest control for infestations caused by the property itself, and compliance with applicable building codes.

When a habitability defect arises, a tenant must notify the landlord in writing and give the landlord a reasonable time to make repairs (the statute gives specific timelines by urgency: 24 hours for conditions immediately dangerous to health, 72 hours for essential services like heat and water, and 10 days for other defects). If the landlord fails to repair within the required time, the tenant has two options under RCW 59.18.100: the tenant may hire a licensed contractor and deduct the cost from rent (up to a limit of 2 months rent per repair event), or the tenant may terminate the lease and vacate.
Tenants may also pursue rent escrow (depositing rent with the court) or sue for damages in small claims or superior court. Retaliatory rent increases or evictions after a tenant asserts habitability rights are prohibited under RCW 59.18.240.
Rent, late fees, and rent control
Washington enacted a statewide rent cap through HB 1217, signed by the governor in May 2025. Starting with the effective date set in the bill, a landlord may not increase rent by more than the lesser of 7 percent plus the local Consumer Price Index or 10 percent in any 12-month period. A landlord may not raise rent during the first 12 months of a new tenancy. Before any allowed increase takes effect, the landlord must give the tenant at least 90 days advance written notice.
The law includes a 15-year sunset provision and preempts local rent control ordinances that would be more permissive than the state cap, though Seattle and other cities retain authority over their own just-cause and relocation assistance rules. Landlords who receive regulated affordable housing subsidies or operate under certain financing agreements are subject to separate rules.
Washington has no statutory cap on late fees, but a late fee is only enforceable if it is explicitly set out in the written rental agreement. A fee that is not in the lease cannot be collected. Many landlords set fees in the range of 5 to 10 percent of monthly rent, but nothing in state law limits the amount.
If you have a landlord-tenant dispute in Washington
The first step in almost any dispute is written communication. Send notices by certified mail or another trackable method and keep copies. Courts give significant weight to written records, and a landlord who cannot produce a written notice often loses on procedural grounds alone.

For security deposit disputes, the tenant can file in small claims court (Washington small claims handles disputes up to $10,000). The filing fee is low, and attorneys are not required. Bring the move-in inspection checklist, the lease, and any written communications about the deposit.
Washington's Attorney General's Office publishes a landlord-tenant guide. The Washington State Bar Association operates a lawyer referral service, and legal aid organizations serve tenants who cannot afford an attorney. Many counties also have tenant hotlines through housing nonprofits.
The Washington State Department of Commerce and local housing authorities handle complaints about housing code violations and rental assistance programs. If the landlord retaliates after you raise a habitability or rent-cap complaint, document every contact and contact an attorney promptly, as Washington's anti-retaliation statute (RCW 59.18.240) provides meaningful remedies.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
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Sources
- RCW ch. 59.18: Washington Residential Landlord-Tenant Act (Washington State Legislature)
- HB 1217 (2025): Statewide Rent Cap (Washington State Legislature)
- Washington Attorney General: Landlord-Tenant Guide (Washington State AG)
Related pages: Landlord-Tenant Laws hub | Washington Eviction Notice | Washington Squatters Rights