Washington Lease Disclosure Requirements — What You Must Include (2026)

Washington's Mandatory Lease Disclosure Statute: What Every Landlord Must Know

You're about to sign a lease with a new tenant. The lease looks standard. You've used the same template for five years. But in Washington state, that template might be costing you thousands in lost enforceability.

RCW 59.18.060 is the foundation of Washington residential tenancy law, and it's not optional. The statute requires landlords to include 12 specific disclosures in every residential lease. Not most leases. Not leases over a certain rent amount. Every single residential lease for properties with one or more units.

Here's the critical part: if even one disclosure is missing, a court will not enforce your lease. That means you cannot collect late rent, you cannot pursue an eviction, and you cannot enforce any rental terms. Your lease becomes a suggestion, not a contract.

Washington courts have been clear about this. In Bartholomew v. Stile, the court ruled that a lease missing mandatory disclosures under RCW 59.18.060 is unenforceable as written. More recent cases have reinforced that strict compliance is required—courts don't accept "substantially similar" disclosures or paraphrases.

This article walks you through every required disclosure, exactly what the law says, what the penalties are for non-compliance, and how to build a lease that actually holds up in court.

The 12 Mandatory Disclosures Under RCW 59.18.060

Washington law requires these exact disclosures to appear in every residential lease agreement:

1. Landlord's Legal Name and Contact Information

The Requirement: Your lease must identify the landlord by legal name and provide a current mailing address and phone number. You may also include an email address, but it is not mandatory under the statute.

Why It Matters: This is how the tenant serves you with legal notices. If your contact information is missing or incorrect, you may not receive a notice of intent to vacate, notice of repair requests, or notice of tenant remedies. Washington courts have ruled that improper notice address or missing landlord identification can invalidate an eviction if the tenant was not properly served.

The Penalty: Missing or incorrect landlord identification makes the lease unenforceable. You cannot pursue eviction or collect damages based on lease violations.

Compliance Tip: Use your full legal name as it appears on your business license or tax return. If you're operating as a business entity (LLC, corporation), use that name. If the landlord is an individual, use your full legal name, not a nickname or trade name. Update this information immediately if you move or change your phone number.

2. Description of the Rental Property

The Requirement: The lease must describe the property being rented with enough specificity that both parties know exactly what is included. The statute doesn't require a formal legal description, but it must be clear enough to identify the unit.

What Works: "Apartment 3B at 1247 Oak Street, Seattle, WA 98101" or "Single-family home at 5432 Maple Drive, Tacoma, WA 98405" or "Studio unit in the building located at 1600 Aurora Avenue, Seattle, WA 98109."

What Doesn't Work: "The property" or "our rental" or a vague street address without a unit number. If your building has multiple units and the lease doesn't specify which unit, a court may find the lease ambiguous and unenforceable.

The Penalty: If the property description is too vague, the entire lease may be unenforceable.

3. Rent Amount and Due Date

The Requirement: The lease must state the monthly rent amount and the specific date rent is due each month.

Compliance Tip: Be exact. "Rent is $1,500 per month, due on the 1st of each month" is compliant. If you allow a grace period before late fees apply (e.g., rent is due the 1st but late fees don't apply until the 6th), that should be stated separately in your late fee provision, not in the base rent disclosure.

Special Consideration: If you accept electronic payments, you may want to note that rent is due by 11:59 p.m. on the due date (to account for processing delays). Washington law does not require you to accept electronic payments, but if you do, the lease should clarify payment method and timing.

4. Security Deposit Terms and Trust Account Disclosure

The Requirement (RCW 59.18.260): You must disclose all material terms regarding the security deposit, including:

• The total amount of the security deposit
• The location and bank name where the deposit will be held
• Whether the account earns interest and, if so, how that interest will be handled
• Your name and address as the holder of the deposit
• A statement that the deposit is being held in trust
• The terms and conditions under which the deposit may be withheld

Critical Compliance Point: Washington law requires security deposits to be held in a trust account separated from your operating funds. You cannot commingle tenant deposits with your personal or business accounts. If you do, you're in violation of RCW 59.18.260, and tenants can recover treble damages (three times the deposit amount) plus actual damages and attorney fees.

Example Compliant Disclosure:

"Security Deposit: The tenant will provide a security deposit of $1,500 at the time of lease execution. This deposit will be held in a non-interest-bearing trust account at [Bank Name], account [Account Number], in the name of [Your Name], as landlord. The security deposit will be held in trust for the duration of the tenancy and will be returned within 30 days after the tenant vacates, minus any lawful deductions for unpaid rent, damage beyond normal wear and tear, or lease violations. The landlord will provide an itemized accounting of any deductions."

The Penalty: Failure to disclose security deposit terms or failure to hold the deposit in a proper trust account can result in:

• Return of the full deposit amount to the tenant
• Actual damages (e.g., interest the deposit should have earned)
• Treble damages: up to 3x the security deposit amount
• Attorney fees and court costs

In Chafee v. Askey, the Washington Supreme Court upheld a treble damages award where a landlord failed to properly disclose deposit terms. Even unintentional violations can trigger this penalty.

5. Interest-Bearing Deposit Disclosure (If Applicable)

The Requirement: If you hold the security deposit in an interest-bearing account, you must disclose that fact and state whether the tenant or the landlord receives the interest earned.

What You Need to Know: Most landlords do not use interest-bearing accounts for security deposits because the interest rate is minimal and the administrative burden is not worth it. If you do, your disclosure must be clear about how interest will be calculated and paid.

6. Rent Increase Limitations and Notice Requirements

The Requirement: The lease must disclose any limits on rent increases and the notice period required for rent changes.

Washington State Law: Washington does not have a statewide rent control law, so landlords can increase rent by any amount. However, you must provide 30 days' written notice before a rent increase takes effect (RCW 59.18.200). Some cities, like Seattle, have local rent control ordinances that limit annual increases to a percentage tied to inflation. If your property is in a rent-controlled jurisdiction, your lease must disclose those local limits.

Compliance Tip: Even though state law allows unlimited increases, your lease should state your policy. For example: "The landlord may increase rent upon 30 days' written notice. Any rent increase will comply with local ordinances and state law." This demonstrates good faith and reduces tenant disputes.

7. Late Fees and Other Charges

The Requirement: Any late fees, returned check fees, or other charges must be disclosed in the lease. The fees must be reasonable and must not constitute a penalty under Washington law.

Washington's "Reasonableness" Standard: Washington courts evaluate late fees using the Restatement of Contracts section 356 framework. The fee must bear a reasonable relationship to the anticipated harm from late payment. Courts have rejected fees that are disproportionately high or designed to punish rather than compensate.

Typical Compliant Late Fees: $50–$150 per month for rent up to $2,000/month, or 5–10% of the monthly rent, whichever is less. Late fees are often set to apply only if rent is not received by a grace period date (e.g., rent due the 1st, late fee applies on the 6th).

Examples of Non-Compliant Fees: A $500 late fee on a $1,200 rent (over 40%) has been challenged as unreasonable. Fees that apply the same day as the due date may be viewed as penalties rather than liquidated damages.

The Penalty: Unreasonable late fees may be unenforceable, and you cannot collect them. Tenants can also argue that an unreasonable fee is a penalty and seek damages for breach of the implied covenant of good faith and fair dealing.

8. Lease Term and Renewal or Extension

The Requirement: The lease must state the length of the tenancy (e.g., 12 months, month-to-month) and any conditions for renewal or extension.

Compliance Tip: If you're offering a fixed-term lease (e.g., 12 months), state the start and end dates clearly. If the lease converts to month-to-month after the fixed term, that must also be stated. Example: "This lease is for a period of 12 months, commencing on January 1, 2027, and ending on December 31, 2027. If neither party provides written notice of non-renewal 30 days prior to the end of the term, this lease shall convert to a month-to-month tenancy."

9. Utilities and Services

The Requirement: The lease must clearly state which utilities and services are included in the rent and which are the tenant's responsibility.

Compliance Tip: Be specific. Don't just say "tenant pays utilities." Instead, list them: "Tenant is responsible for electricity, gas, water, sewer, trash, and internet. Landlord provides hot water heater maintenance." This prevents disputes about who pays for what.

Habitability Note: Under RCW 59.18.060, landlords must provide essential services, including heat. If you are providing heat, that should be clear. If the tenant is responsible for heating costs, that must also be clear and cannot be drafted in a way that allows the landlord to avoid the heat obligation.

10. Move-In Inspection Rights and Procedures (RCW 59.18.260)

The Requirement: The lease or a separate notice must inform the tenant of their right to participate in a move-in inspection within 7 days of occupancy.

What the Law Says: RCW 59.18.260 requires the landlord to offer the tenant an opportunity to inspect the rental unit within 7 days after occupancy begins. The tenant can either participate in person or request a written checklist. The inspection must document the condition of the premises, including any existing damage, dirt, or functional issues.

Why It Matters: This inspection protects both you and the tenant. It creates a contemporaneous record of pre-existing conditions, which prevents tenants from claiming damage was caused by you or from trying to claim damage was already present when they move out. It also protects tenants from being charged for pre-existing damage.

Compliance Requirement: You must disclose this right in writing before or at the time the tenant occupies the unit. Many landlords include this disclosure in the lease itself. Others provide a separate notice or addendum.

Penalty for Non-Compliance: If you fail to offer a move-in inspection, the tenant can dispute any security deposit deductions for damage. The burden shifts to you to prove the damage was not pre-existing.

Best Practice Checklist:

• Provide written notice of move-in inspection rights within 24 hours of lease signing or occupancy
• Offer the inspection within 7 days of occupancy
• Allow the tenant to participate in person, or provide a detailed checklist if they cannot attend
• Document the inspection in writing (photos plus written notes)
• Provide a copy to the tenant within 7 days
• Retain a copy for your records

11. Pest Control and Pesticide Use Disclosure

The Requirement: If you have treated the property for pests or may treat it during the tenancy, this must be disclosed in the lease or a separate addendum.

What Must Be Disclosed: The type of pest treatment (e.g., bedbugs, cockroaches, rodents), the date of treatment, the chemicals or methods used, and any tenant responsibilities (e.g., preparing the unit, vacating during treatment).

Health and Safety Compliance: Washington considers pesticide exposure a health issue. If you use pesticides, you must provide adequate notice and allow the tenant time to vacate if necessary. The lease must state your pest control policies clearly.

Recent Trend: Many Washington landlords now lease to tenants with chemical sensitivities or environmental concerns. Your pest control disclosure should also note whether the property is treated with non-toxic, organic, or integrated pest management approaches.

12. Mold, Lead-Based Paint, and Environmental Hazards

The Requirement: The lease must disclose any known mold, lead-based paint, asbestos, or other environmental hazards.

Lead-Based Paint Disclosure (Pre-1978 Properties): Federal law (42 U.S.C. § 4852d) requires disclosure of lead-based paint and lead-based paint hazards in pre-1978 rental properties. Washington law incorporates this federal requirement. You must provide a lead hazard pamphlet and a signed acknowledgment from the tenant before occupancy. Failure to comply can result in federal civil penalties up to $16,000 per violation.

Mold Disclosure: Washington does not have a specific state statute requiring mold disclosure, but the implied warranty of habitability (RCW 59.18.060) requires the property to be fit for living. If you know of mold, you must disclose it. Concealing known mold is grounds for the tenant to break the lease and sue for damages, including medical expenses.

Water Damage and Flooding: If the property has a history of water damage, flooding, or moisture issues, this should be disclosed. Many Washington properties in flood-prone areas are required to carry flood insurance, and tenants deserve to know about this risk.

Asbestos and Other Hazards: If you're aware of asbestos, underground storage tanks, or radon, these must be disclosed. Failure to disclose known environmental hazards can result in personal injury lawsuits if the tenant is harmed.

Compliance Checklist: Building Your Lease Properly

Use this step-by-step checklist to ensure your Washington lease includes all required disclosures:

Disclosure Required	Statute	Must Include	✓ Done?
Landlord Identity & Contact	RCW 59.18.060(1)(a)	Legal name, mailing address, phone number	☐
Property Description	RCW 59.18.060(1)(b)	Street address, unit number, identifying features	☐
Rent & Due Date	RCW 59.18.060(1)(c)	Monthly amount, specific date, payment method	☐
Security Deposit Terms	RCW 59.18.260	Amount, bank name, account type, interest policy, return terms	☐
Rent Increase Notice	RCW 59.18.060(1)(e)	30-day notice requirement; local rent control limits	☐
Late Fees & Charges	RCW 59.18.060(1)(f)	Amount, when applied, conditions, reasonableness	☐
Lease Term & Renewal	RCW 59.18.060(1)(g)	Start date, end date, renewal terms, conversion language	☐
Utilities & Services	RCW 59.18.060(1)(h)	Which utilities included, which tenant pays for	☐
Move-In Inspection Rights	RCW 59.18.260	Right to inspect within 7 days, participate or checklist	☐
Pest Control & Pesticides	RCW 59.18.060(1)(i)	History of treatments, chemicals used, notice requirements	☐
Environmental Hazards	RCW 59.18.060(1)(j)	Mold, lead paint, asbestos, flooding history	☐
Lead-Based Paint Addendum	42 U.S.C. § 4852d	Federal form, hazard pamphlet, tenant acknowledgment	☐

Common Mistakes That Void Washington Leases

Mistake #1: Using a Generic Template Without State-Specific Disclosures

The most common error is downloading a lease online that was designed for another state or that lacks Washington-specific language. A California lease template, for example, will not include Washington's required disclosures and will not comply with Washington law.

The Result: Your lease is unenforceable. You cannot evict, you cannot collect rent, you cannot enforce any terms.

The Fix: Use a lease template specifically designed for Washington state or have an attorney review your lease before using it. If you're managing multiple properties, consider using a platform that maintains compliance with state-specific requirements. LeaseBase's lease operations module includes state-compliant templates and automatically flags missing disclosures before you sign.

Mistake #2: Combining Disclosures Instead of Making Them Explicit

Some landlords try to combine multiple required disclosures into one paragraph. For example: "The tenant will pay $1,500 rent due on the 1st, and the security deposit of $1,500 will be held at Wells Fargo and returned within 30 days minus damage charges or unpaid rent."

The Problem: Washington courts require each disclosure to be clear and separate. Combining them can lead to a court finding the lease ambiguous or incomplete.

The Fix: Use separate sections for each disclosure. Make the lease easy to read with clear headings.

Mistake #3: Not Updating Security Deposit Disclosures When You Change Banks

You start with Wells Fargo. Your lease lists Wells Fargo as the security deposit account bank. Five years later, you switch to Bank of America but don't update your leases.

The Problem: If a tenant disputes a deduction, they can argue the lease's deposit disclosure is false or misleading.

The Fix: When you change banks, notify all current tenants in writing of the new account information. You can do this via email or certified mail. Update all future leases with the correct bank information.

Mistake #4: Not Providing Lead-Based Paint Disclosure for Pre-1978 Properties

You own a beautiful 1970s bungalow in Spokane. You assume lead paint isn't a big deal. You don't provide the federal lead disclosure form.

The Result: Federal penalties up to $16,000. Plus, if the tenant or tenant's child is exposed to lead and develops health issues, you can be sued for medical damages.

The Fix: If your property was built before 1978, you must provide the EPA's Lead-Based Paint Disclosure form and the lead hazard pamphlet ("Protect Your Family from Lead in Your Home"). Obtain the tenant's signed acknowledgment before they move in. Keep copies in your records permanently.

Mistake #5: Stating Pest Control Treatments Without Explaining Tenant Responsibilities

Your lease says: "Property has been treated for bedbugs." It doesn't say when, what chemical was used, or what the tenant must do to prepare.

The Problem: If a tenant develops respiratory issues or has an allergic reaction, they can claim you failed to disclose relevant information about the treatment.

The Fix: Be specific: "The property was treated for bedbugs on [DATE] using [PRODUCT NAME]. The tenant must keep the unit sealed for [DURATION]. The tenant should not touch treated surfaces for [DURATION]."

Local Compliance: City-Specific Requirements Beyond State Law

Washington state law sets the floor for landlord-tenant rights, but cities can impose additional requirements. Here are the most common ones:

Seattle

Rent Increase Limit: Annual rent increases are capped at 7% or the Consumer Price Index plus 2%, whichever is lower (as of 2026). This limit must be disclosed in the lease.

Tenant Relocation Assistance: If you are not renewing a lease for reasons other than tenant fault, you must offer relocation assistance or rent reduction. This must be stated in the lease or lease termination notice.

Just Cause Eviction: You can only evict for specific reasons listed in Seattle Ordinance 125297, such as nonpayment of rent, lease violations, or the landlord moving into the unit. Your lease should reference this.

Tacoma

Rent Increase Notice: Tacoma requires 60 days' notice of rent increases (not the state's 30 days). If you have properties in Tacoma, your lease must reflect this.

Spokane

No Additional City Restrictions: Spokane generally follows state law without additional city-level rent control or just-cause requirements (as of 2026).

Compliance Tip: Before finalizing your lease, check the city's municipal code for any local requirements. If you manage properties across multiple cities, you may need different lease templates for each jurisdiction. LeaseBase's compliance engine alerts you to city-specific requirements based on property address.

What Happens If You Miss a Disclosure

A tenant challenges your late fee or security deposit deduction. You go to court for eviction or damages. The tenant's attorney argues that your lease is missing a mandatory disclosure. The court agrees.

Outcome: Your lease is unenforceable. You lose the case. You may be ordered to pay the tenant's attorney fees.

This actually happens. Washington courts take RCW 59.18.060 seriously because it's a consumer protection statute. Judges interpret it strictly in the tenant's favor.

Specific Consequences:

• No Eviction: You cannot remove the tenant for nonpayment of rent or lease violation if the lease is unenforceable.
• No Rent Collection: You cannot collect unpaid rent through small claims court or superior court without an enforceable lease.
• No Security Deposit Withholding: If the deposit disclosure is missing, the tenant can demand the full deposit amount be returned. You lose your right to deduct damages.
• Treble Damages for Deposit Violations: If you violated the security deposit disclosure or trust account requirement, you