EnglishEspañol
Landlord-Tenant LawsWashington Laws flagWashington Laws
Washington flag

Washington

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

By Recording Law Editorial TeamReviewed September 29, 20268 min read
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. Under RCW 59.18.270 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 a written receipt for the deposit plus written notice of the name, address, and location of the depository holding it, along with notice of any later change. The statute sets no deadline for that notice, so a tenant who has not received it should ask for it in writing and keep a copy of the request.

When the tenancy ends, RCW 59.18.280 gives the landlord 30 days to return the deposit, or to send a full and specific written statement of the basis for any 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 required statement within 30 days, RCW 59.18.280 makes the landlord liable for the full amount of the deposit, and a court may award up to twice the deposit where the refusal to comply was intentional, along with court costs and reasonable attorney fees.

RuleDetail
Deposit capNo statutory limit
Trust account required?Yes
Return deadline30 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.

a brass set of balance scales on a wooden desk

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.

Written notices for Washington tenancies

Landlords dealing with nonpayment or a lease violation can start with the free Washington eviction notice generator linked above, and a tenant's 20-day written notice costs nothing to write. If you would rather edit a notice as a PDF, e-sign it, or convert a Word draft, PDFelement is paid software that does those things. It cannot supply the just cause RCW 59.18.650 requires, it does not deliver the notice, and it does not make a notice valid by itself.

Learn About PDFelement

Affiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more

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 RCW 59.18.070 then sets how quickly the landlord must begin remedial action: 24 hours where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life; 72 hours where it deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and 10 days in all other cases. Note that loss of heat or water is the 24-hour tier, not the 72-hour tier. If the landlord fails to act within the required time, the tenant may hire a licensed contractor and deduct the cost from rent under RCW 59.18.100 (up to a limit of 2 months rent per repair event), or terminate the rental agreement and quit the premises on written notice under RCW 59.18.090(1).

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. Enter a rent amount into our rent increase cap calculator to see what this formula limits it to. 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.

a residential lease agreement on a clipboard with a pen, no people

The cap carries a sunset date: RCW 59.18.700 expires July 1, 2040. Local rent regulation, meanwhile, was preempted long before HB 1217 and the preemption is categorical, not directional. Under RCW 35.21.830, no city or town of any class may enact, maintain, or enforce provisions regulating the amount of rent charged for residential rental structures (apart from narrow carve-outs for publicly owned or publicly managed property and low-income housing under joint public-private agreements). A city therefore cannot set its own cap, whether stricter or looser than the state's. Seattle and other cities do 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 sets no dollar cap on late fees, but two limits apply. First, 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. Second, RCW 59.18.170 provides that the landlord may not charge a late fee for rent that is paid within five days following its due date, so a fee assessed on day three is barred by statute no matter what the lease says. Many landlords set fees in the range of 5 to 10 percent of monthly rent, and state law does not cap that dollar amount, but it does forbid any fee inside the five-day window. Seattle has also adopted a local rule: Ordinance 127497, passed by the City Council on August 11, 2026 and approved by the Mayor on August 18, 2026, bans pet rent and other pet fees (a pet damage deposit is still allowed), fees to receive mail or packages, and other listed fees, and requires landlords to disclose every fee and the total monthly cost in listings and before the lease, for rental agreements and renewals entered into after July 1, 2027; the rules described here apply until then (our explainer).

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.

a printed map of the United States on a desk with colored pins

Related pages: Landlord-Tenant Laws hub | Washington Eviction Notice | Washington Squatters Rights

More Washington Laws

Frequently Asked Questions

How long does a landlord have to return my deposit in Washington?

A landlord has 30 days after the tenancy ends to return the deposit or send an itemized statement of deductions. HB 1074 (effective July 2023) moved the deadline from 21 to 30 days. If the landlord misses the deadline, you can sue for the full deposit plus court costs.

What is the maximum security deposit in Washington?

Washington has no statutory dollar cap on security deposits. A landlord can charge any amount, but under RCW 59.18.270 must place the deposit in a separate trust account and give the tenant a written receipt plus written notice of the name, address, and location of the depository holding it. The statute sets no deadline for that notice.

How much notice must a landlord give to enter in Washington?

Landlords must give at least 2 days (48 hours) written notice before entering for inspections or repairs. To show the unit to prospective tenants or buyers, 1 day of advance notice is required. Emergency entry is allowed without notice for immediate safety threats.

Can a landlord raise rent in Washington?

Under HB 1217 (signed May 2025), Washington landlords may not raise rent by more than the lesser of 7 percent plus CPI or 10 percent in any 12-month period. No increase is allowed in the first 12 months of a tenancy. Landlords must give 90 days advance written notice before any increase.

Can I withhold rent for repairs in Washington?

Washington allows repair-and-deduct. After giving written notice and waiting the required time for the landlord to respond, a tenant may hire a licensed contractor and deduct the cost from rent, up to 2 months rent per repair event, under RCW 59.18.100.

How much notice is required to end a month-to-month lease in Washington?

A tenant must give 20 days written notice before the end of the rental period. A landlord must have just cause under RCW 59.18.650 and give appropriate notice depending on the specific grounds for termination.

Can a landlord evict a tenant without cause in Washington?

No. Washington requires landlords to have a recognized just-cause reason under RCW 59.18.650 to end any tenancy, including month-to-month tenancies. Permissible reasons include nonpayment, lease violations, owner move-in, demolition, and substantial remodel, each with specific notice requirements.

Updates

Corrected the repair timelines under RCW 59.18.070 (loss of heat, water or electricity is the 24-hour tier, not 72 hours), removed an unsupported 14-day deadline for the security-deposit depository notice, added the statutory bar on late fees for rent paid within five days of its due date, corrected the description of local rent-control preemption under RCW 35.21.830, and attributed the right to terminate for unrepaired defects to RCW 59.18.090 rather than RCW 59.18.100.

Sources and References

  1. RCW ch. 59.18 -- Washington Residential Landlord-Tenant Act(app.leg.wa.gov).gov
  2. HB 1217 (2025) -- Statewide Rent Cap(app.leg.wa.gov).gov
  3. Washington Attorney General -- Landlord-Tenant Guide(atg.wa.gov).gov
  4. RCW 59.18.060 -- Landlord duties to maintain premises(app.leg.wa.gov)
  5. RCW 59.18.070 -- Landlord failure to perform duties; notice from tenant; 24-hour, 72-hour and 10-day repair timelines(app.leg.wa.gov)
  6. RCW 59.18.090 -- Tenant remedies; termination of the rental agreement(app.leg.wa.gov)
  7. RCW 59.18.100 -- Tenant repair-and-deduct remedy(app.leg.wa.gov)
  8. RCW 59.18.170 -- Landlord to give notice if tenant fails to carry out duties; late fees(app.leg.wa.gov)
  9. RCW 59.18.270 -- Deposit trust account and depository notice(app.leg.wa.gov)
  10. RCW 59.18.280 -- Deposit return within 30 days; statement of basis for retention; liability(app.leg.wa.gov)
  11. RCW 59.18.700 -- Limits on rent increases (expires July 1, 2040)(app.leg.wa.gov)
  12. RCW 35.21.830 -- Controls on rent for residential structures; prohibited; exceptions(app.leg.wa.gov)
Share: