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.

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 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. 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 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.

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.

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

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