Washington Lease Agreement: RCW 59.18, Just-Cause Eviction, Deposit Rules (2026)

The just-cause eviction framework under RCW 59.18.650

HB 1236, enacted in 2021 and codified at RCW 59.18.650, brought statewide just-cause eviction to Washington. The statute requires landlords to have one of 16 enumerated causes before terminating a tenancy other than at the natural expiration of a fixed-term lease. The 16 causes include non-payment of rent, breach of a material lease term, owner occupancy, substantial renovation, withdrawal of the unit from the rental market, criminal activity that threatens the health or safety of other tenants, and several others. Termination without a permitted cause is void.

The just-cause framework applies broadly. It covers month-to-month tenancies, periodic tenancies, and fixed-term tenancies during the term. For fixed-term tenancies, the landlord may decline to renew at expiration only by giving 60 days written notice that meets specified content requirements and that states the cause for non-renewal. The 60-day notice must include language informing the tenant of the right to dispute the cause. Landlords accustomed to pre-2021 practice (simply letting fixed-term leases expire without cause) face the largest adjustment under HB 1236.

For owner-occupancy terminations, the landlord must give 90 days written notice (longer than the standard 60 days) and must include specific statutory language stating that the owner or a family member will occupy the unit for at least 60 consecutive days within 90 days of the tenant's vacating. False owner-occupancy notices expose the landlord to civil damages of three months of rent plus reasonable attorney fees under RCW 59.18.650(2).

For substantial-renovation terminations, the landlord must give 120 days notice and must obtain the required permits before the notice is given. Tenants displaced by substantial renovation are entitled to relocation assistance under RCW 59.18.440 in jurisdictions that have enacted local tenant relocation assistance ordinances (Seattle, Bellingham, and several others). The relocation assistance is typically equal to two or three months of rent.

Security deposit rules under RCW 59.18.260 and 59.18.280

Washington sets no statutory cap on the deposit amount, but the handling rules are detailed. RCW 59.18.260 requires the landlord, before collecting any deposit, to provide the tenant with a written checklist of existing damages and conditions to the dwelling unit. Both parties must sign the checklist. The landlord must give the tenant a signed copy. Failure to provide and obtain the checklist before collecting the deposit forfeits the landlord's right to retain any portion of the deposit at move-out for damages.

The checklist requirement parallels Georgia's mandatory move-in inspection under O.C.G.A. 44-7-33 but adds the deposit-collection-trigger rule: the deposit cannot lawfully be collected until the checklist is signed. A landlord who has collected a deposit without first obtaining the signed checklist must return the deposit at the tenant's request and cannot use it for damage deductions.

RCW 59.18.270 requires the landlord to deposit the deposit in a trust account at a federally insured banking institution or to post a bond. The landlord must notify the tenant in writing of the bank's name and address within a reasonable time. The trust-account rule parallels North Carolina's NCGS 42-50.

RCW 59.18.280 governs deposit return. HB 1099 (2023) extended the return window from 21 days to 30 days. The landlord must provide a full and specific statement of any deductions, with the balance returned, within 30 days after the termination of the tenancy and the tenant's vacating. Failure to provide the statement within 30 days forfeits the right to deduct. The tenant may recover up to two times the wrongfully withheld amount plus reasonable attorney fees under RCW 59.18.280(2).

Permitted deductions include unpaid rent, damages caused by the tenant beyond normal wear and tear, and unpaid utility bills the tenant was obligated to pay. Washington case law on normal wear and tear follows the standard formulation: deterioration without negligence or abuse. Routine carpet wear, minor wall scuffs, and faded paint after a multi-year tenancy are not deductible.

Late fees, source-of-income, and tenant protections

RCW 59.18.170, amended by HB 1217 in 2025, caps late fees at 75 dollars or the actual cost to the landlord, whichever is greater. The fee may not be assessed until 5 days after the rent due date. The cap is among the strictest in the United States, comparable to New York's RPL 238-a cap of 50 dollars or 5 percent. Seattle's RRIO ordinance imposes slightly different documentation requirements for late fees on covered units.

RCW 59.18.255, enacted in 2018, prohibits source-of-income discrimination statewide. Landlords may not refuse to rent based on the tenant's lawful source of income, including Section 8 vouchers, SSI, SSDI, child support, alimony, public assistance, and similar income. Violation triggers civil damages and attorney fees. Seattle, Bellingham, and Bremerton layer additional source-of-income protections.

RCW 59.18.063 limits screening fees to the actual cost of the screening report. Landlords must provide the report or a written summary to the applicant on request and must use the screening fee only for the specific applicant whose tenancy is being considered. Excess screening fees must be refunded.

RCW 59.18.240 prohibits retaliation. A landlord may not raise rent, decrease services, evict, or refuse renewal because the tenant complained to a government agency, organised a tenants' union, exercised statutory rights, or filed a habitability complaint. A rebuttable presumption of retaliation arises for adverse landlord action within 90 days of protected tenant conduct.

Eviction in Washington: the post-HB 1236 timeline

Washington eviction has changed significantly since 2019. For non-payment, RCW 59.12.030 (as amended by HB 1236) requires a 14-day pay-or-vacate notice (extended from 3 days). After the 14 days expire, the landlord files an unlawful detainer action in superior court. The tenant has 5 to 7 days to file an answer. If no answer, the court enters a default judgment; if answer, a hearing is set typically within 7 to 30 days. Washington's mandatory pre-eviction mediation under HB 1236 requires landlords to participate in mediation if the tenant requests it, adding 2 to 6 weeks to the timeline.

For breach of lease, the landlord must serve a 10-day notice to comply or vacate under RCW 59.12.030(4). The notice must specify the breach and give the tenant 10 days to cure. If not cured, the landlord may file unlawful detainer. For nuisance, criminal activity, or imminent threats to health and safety, RCW 59.18.650 permits a 3-day unconditional quit notice.

Overall Washington eviction timelines run typically 35 to 90 days from notice to writ execution, significantly slower than Texas, Florida, or Georgia. Seattle's Just Cause Eviction Ordinance (Seattle Municipal Code Chapter 22.206) layers additional cause and notice requirements on top of state law. For step-by-step eviction templates and the full state-by-state timeline, see the eviction notice page.

Sample Washington-specific clauses

Move-in checklist requirement (RCW 59.18.260)

Security deposit clause (RCW 59.18.270, 59.18.280)

Just-cause notice clause (RCW 59.18.650)

How Washington sits

Washington sits in the top tier of tenant-protective states alongside California, New York, Oregon, and New Jersey. Statewide just-cause eviction, source-of-income protection, late-fee cap, and extended deposit-return windows together make Washington materially more regulated than its Western neighbours in Idaho, Wyoming, Montana, and Nevada. Compare with the California page (similar protective tier with different mechanics), the New York page (similar HSTPA-era reform), and the state hub.

Frequently Asked Questions

Sources

• RCW Chapter 59.18 (Residential Landlord-Tenant Act): app.leg.wa.gov
• RCW 59.18.650 (just-cause eviction): app.leg.wa.gov
• RCW 59.18.280 (deposit return, as amended by HB 1099): app.leg.wa.gov
• RCW 59.18.260 (move-in checklist): app.leg.wa.gov
• RCW 59.18.255 (source-of-income protection): app.leg.wa.gov
• RCW 59.18.170 (late-fee cap, as amended by HB 1217): app.leg.wa.gov
• WA Attorney General Landlord-Tenant Information: atg.wa.gov
• EPA lead-based paint disclosure: epa.gov/lead