Washington Mandatory Lease Disclosures — Complete Compliance Checklist (2026)

Why Mandatory Lease Disclosures Matter: The Compliance Reality

You've drafted a lease. You've set the rent. You've screened the tenant. Then, six months in, your tenant's attorney sends a demand letter citing "failure to provide mandatory disclosures in violation of RCW 59.18.060" and claims $15,000 in treble damages.

This scenario plays out regularly in Washington because landlords confuse "I told them" with "I disclosed it in writing in the lease." Washington law is explicit: certain disclosures must be made in writing, must be part of the lease agreement, and must use specific language in some cases. Verbal conversations don't count. Email attachments sent after signing don't count. Handwritten notes don't count.

RCW 59.18.060 establishes nine mandatory written disclosures that must appear in or with every residential lease in Washington. Failure to provide these disclosures gives tenants a direct cause of action for damages, and in many cases, attorney fees and court costs.

This guide walks through each required disclosure, what the statute actually says, how to implement it correctly, and what happens when you don't.

The Nine Mandatory Written Disclosures Under RCW 59.18.060

Washington's disclosure statute doesn't require a specific form or formatting, but it does require specific content. Let's break down each of the nine disclosures:

1. Mold Hazard Disclosure

RCW 59.18.060(1)(a) requires disclosure of the health risks associated with indoor mold. This is the one disclosure that applies to every residential property in Washington, regardless of history or condition.

What you must disclose: The statute specifies the exact language that must be included. You cannot paraphrase or simplify it. The disclosure must state that mold may present a health hazard, particularly for individuals with respiratory conditions, allergies, or compromised immune systems, and that mold may cause property damage.

Why this matters: The mold disclosure is non-negotiable. A landlord cannot argue "my building has never had mold" or "mold isn't a realistic concern here." The law requires disclosure of the hazard itself, not of mold in your specific property. Courts have consistently held that strict compliance with statutory language is required.

Common mistake: Landlords often include a generic statement like "Property is in good condition and free of mold." This is not sufficient and actually creates worse liability because it affirmatively represents no mold exists—which contradicts the mandatory warning. Your disclosure must warn about the hazard, not promise it doesn't exist in your building.

2. Lead-Based Paint Disclosure (Pre-1978 Properties)

If your property was built before January 1, 1978, federal law (42 U.S.C. § 4852d) and RCW 59.18.060(1)(b) require lead-based paint disclosure. This is federal law enforced through Washington state landlord-tenant law.

What you must disclose: You must provide the EPA's "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" form (Form EPA 7500.1 or equivalent state form). The form must be provided before the lease is signed or before the tenant pays any money, whichever comes first.

Timing requirement: Tenants have a right to conduct a lead-based paint inspection within 10 days of lease execution (or as mutually agreed). If you don't provide the form and notice of inspection rights before lease signing, the tenant can rescind the lease or pursue damages.

Properties not subject to this rule: Properties constructed after 1978, properties with no paint (metal or vinyl siding), properties that have been certified lead-free by an EPA-certified inspector, and certain government-occupied housing.

Penalty for non-compliance: Failure to provide lead disclosure can result in federal penalties up to $16,000 per violation and gives tenants grounds to void the lease or recover damages.

3. Utilities: Tenant vs. Landlord Responsibility

RCW 59.18.060(1)(c) requires written disclosure of which party is responsible for payment of each utility.

What you must disclose: For each utility service (water, sewer, garbage, electric, gas, cable, internet, etc.), the lease or accompanying disclosure must clearly state whether the tenant or landlord pays.

Why this is critical: This prevents disputes where tenants claim they understood utilities were included. It also protects you from claims that you withheld essential services (like water or heat) as retaliation or self-help.

Best practice: Use a table format listing each utility with a checkbox or clear statement of responsibility. Ambiguous language like "utilities as provided" creates litigation risk.

4. Smoke Detector and Carbon Monoxide Detector Condition

RCW 59.18.060(1)(d) requires disclosure of the condition of smoke detectors and carbon monoxide detectors at the time of lease signing.

What you must disclose: The lease must state whether smoke detectors and CO detectors are present in the unit and whether they are in working condition.

Critical issue: Washington requires landlords to install and maintain smoke and CO detectors in all rentals. This disclosure is essentially documenting compliance (or non-compliance). If you disclose that detectors are not present or not working, you're admitting a habitability violation.

Safe approach: Ensure all detectors are installed and tested before lease signing. Then disclose that "Smoke and CO detectors are installed and in working condition."

5. Presence of Armed Multifamily Residential Mortgage or Deed of Trust

RCW 59.18.060(1)(e) requires landlords to disclose if the property is subject to an armed (secured) multifamily residential mortgage or deed of trust, and whether the promissory note contains an "escalation clause" (a clause that allows the interest rate to increase).

What you must disclose: Whether the property financing includes an escalation clause, and if so, a description of the clause.

Why this matters: If the property is foreclosed due to a mortgage default, the tenant's lease may be affected. Some escalation clauses can trigger foreclosure if interest rates spike, which could displace tenants. Washington requires transparency about this risk.

Practical note: Most individual landlords with typical mortgages don't have escalation clauses (those are more common in commercial or construction lending). Check with your lender to confirm. If you're unsure, disclose that your mortgage is subject to review and you will provide updated disclosure if an escalation clause is found.

6. Capital Improvement Notice (If Rent Increase Is Related to Capital Improvements)

RCW 59.18.060(1)(f) requires disclosure if rent is being increased because of capital improvements to the building.

What you must disclose: A description of the capital improvement(s), the cost, and the amount of the rent increase attributable to each improvement. This must be disclosed at the time you provide notice of the rent increase.

Timing and legal consequence: If you fail to disclose capital improvements when raising rent, the tenant can challenge the increase. RCW 59.18.140 states that a landlord cannot increase rent unless the tenant is given 30-60 days' notice (depending on lease term) and the increase meets statutory requirements. Absence of capital improvement disclosure can make the rent increase invalid.

Example: You replace the roof at a cost of $12,000 and want to raise rent by $50/month to recover the cost. Your notice must state: "Rent increase of $50/month is attributable to roof replacement completed in [month/year] at a cost of $12,000."

7. Prohibited Lease Clause Acknowledgment

RCW 59.18.060(1)(g) requires acknowledgment that the lease does not contain certain prohibited provisions. Washington law voids several types of lease clauses, and landlords must affirmatively disclose that the lease doesn't include them.

Prohibited clauses include:

• Waiver of habitability warranty
• Waiver of tenant's right to legal remedies
• Confession of judgment (tenant agrees landlord can get a judgment without court)
• Authorization to enter and inspect without notice except for emergencies or court orders
• Waiver of notice of non-renewal or non-extension of lease
• Any clause that contradicts the Residential Tenancies Act (RCW 59.18)

What you must disclose: A statement that the lease "does not provide that the tenant waives any rights granted by RCW Chapter 59.18, Residential Tenancies Act, or other applicable law."

Why landlords get this wrong: Some landlords include provisions that inadvertently waive tenant rights (e.g., "Tenant waives right to repair-and-deduct for maintenance requests" or "Tenant waives notice of entry for inspections"). These clauses are void whether disclosed or not, but failing to disclose their absence creates presumption that they might be present.

8. Apartment Building Safety and Security Information

RCW 59.18.060(1)(h) requires landlords to disclose apartment building safety and security information, including:

• Whether the building has a fire alarm system, and if so, whether it's connected to emergency dispatch
• Fire extinguisher locations
• Emergency evacuation procedures
• Identity and telephone number of the manager or contact person
• Identity and phone number of the owner (if different from manager)
• Procedure for emergency maintenance requests
• Whether the building has security cameras, and if so, areas covered

Practical compliance: This disclosure is typically provided as a separate addendum or as part of lease-signing materials. For single-family rentals or duplexes, much of this may not apply. For multifamily buildings (3+ units), you must provide all applicable information.

Note: This disclosure is about safety systems that exist or don't exist—not a promise to provide security. Being transparent about the absence of a security system is acceptable; falsely claiming a security system exists is not.

9. Contact Information for Landlord or Property Manager

RCW 59.18.060(1)(i) requires the lease to include the name, address, and telephone number of the landlord or property manager.

What you must disclose: A person the tenant can contact regarding maintenance, repairs, or lease concerns. This can be the landlord, a property manager, or a designated agent.

Critical detail: The contact information must be current. If you change property managers or phone numbers mid-lease, you must provide updated contact information to the tenant. Failure to maintain accurate contact information can be treated as non-compliance.

Distinction from move-in inspection form: The lease contact information is different from the move-in inspection form required by RCW 59.18.260 (which must include the inspector's contact info). Both disclosures must be provided, but they serve different purposes.

The Move-In Inspection Form: A Separate Compliance Requirement

RCW 59.18.260 is often confused with RCW 59.18.060, but it's a distinct disclosure requirement. While RCW 59.18.060 covers lease disclosures, RCW 59.18.260 requires a written move-in inspection form.

What RCW 59.18.260 requires:

• A written checklist documenting the condition of the unit at move-in
• The inspection must be conducted in the tenant's presence or with their opportunity to participate
• The form must document existing damage, cleanliness, and condition of appliances, fixtures, and structures
• The tenant must receive a copy of the completed form
• The form must include the landlord's (or manager's) name and phone number

Why this matters for security deposits: The move-in inspection form is the baseline for determining what damage is tenant-caused (and thus deductible from the security deposit) versus pre-existing. Without a proper move-in form, you cannot deduct for damage when the tenant moves out—even if the damage is obvious.

Penalty: If you fail to provide a move-in inspection form, Washington courts presume all damage present at move-out was pre-existing, and you lose the right to security deposit deductions. See Steinemann v. Alperin, 641 P.2d 1071 (Wash. App. 1982).

Link to existing guidance: For detailed move-in inspection procedures, refer to our move-in condition checklist guide.

How to Draft a Compliant Lease: Step-by-Step Implementation

Step 1: Create a Master Disclosure Document

Rather than burying disclosures throughout your lease, create a single "Mandatory Disclosures" page or addendum that includes all nine required items. This serves three purposes:

• Ensures you don't forget any required disclosure
• Makes it easy to update when laws change
• Provides clear evidence of compliance if a dispute arises

Structure: Number each disclosure (1-9) and include the relevant statute citation (RCW 59.18.060) next to each item. This demonstrates to a tenant—or a judge—that you know the law and are complying with it intentionally.

Step 2: Use Statutory Language for Mold Disclosure

Do not paraphrase the mold disclosure. Copy the language directly from RCW 59.18.060(1)(a) or use the following statutory language:

"Mold may present a health hazard, particularly for individuals with respiratory conditions, allergies, or compromised immune systems. Mold can cause property damage. You should not lease a unit if you are sensitive to mold or if the unit shows evidence of mold."

Include this verbatim in your lease or disclosure addendum.

Step 3: Provide Lead-Based Paint Form for Pre-1978 Properties

If your property was built before 1978, obtain the EPA lead disclosure form (Form EPA 7500.1) or the HUD Disclosure of Lead-Based Paint Hazards form. Provide it before lease signing and before the tenant pays any deposit or rent.

Checklist for lead compliance:

• ☐ Property built before January 1, 1978
• ☐ Lead disclosure form obtained from EPA or HUD
• ☐ Form provided to tenant before lease signing
• ☐ Tenant notified of right to conduct lead inspection within 10 days
• ☐ Signed form retained in tenant file for at least 3 years
• ☐ Disclosure provided in primary language of tenant (if not English)

Step 4: Create a Utility Responsibility Table

List every utility and clearly state who pays. Example:

Utility	Tenant Pays	Landlord Pays
Electric (unit)	☒	☐
Water/Sewer	☐	☒
Trash/Recycling	☐	☒
Internet	☒	☐

Do not leave any utility ambiguous. If the building has shared utilities but individual meters, clarify how costs are allocated.

Step 5: Document Safety Systems and Contact Information

Create a checklist documenting what safety systems exist:

• ☐ Smoke detectors installed and operational: Yes / No
• ☐ Carbon monoxide detectors installed and operational: Yes / No
• ☐ Fire extinguishers present: Yes / No (locations: _____)
• ☐ Fire alarm system: Yes / No (connected to dispatch: Yes / No)
• ☐ Security cameras: Yes / No (areas monitored: _____)
• ☐ Emergency contact person: _____________ Phone: _____________
• ☐ Landlord/Owner: _____________ Phone: _____________
• ☐ Property Manager (if different): _____________ Phone: _____________

Include the completed checklist as part of your lease disclosures or as a separate addendum.

Step 6: Review Prohibited Clause Language

Read through your lease and delete any provisions that:

• State the tenant waives the warranty of habitability
• Require the tenant to waive legal remedies
• Allow entry without notice except for emergencies
• Require the tenant to pay for repairs that are landlord's responsibility
• Waive the tenant's right to repair-and-deduct

Then include the disclosure: "This lease does not contain provisions that waive any rights granted to tenants under RCW Chapter 59.18 or other applicable law."

Step 7: Include Capital Improvement Notices (if applicable)

If you're raising rent due to capital improvements, include a separate notice with the rent increase that describes:

• The specific capital improvement (e.g., "Roof replacement")
• The total cost (e.g., "$12,000")
• The amount of rent increase attributable to that improvement (e.g., "$50/month")
• The date the improvement was completed

This notice must be provided at the time the rent increase notice is given, not after.

Timing: When Disclosures Must Be Provided

Washington law is clear on timing: disclosures must be provided before the tenant signs the lease or pays any money (whichever comes first).

Disclosure	Timing Requirement	Statute
Mold hazard	Before lease signing	RCW 59.18.060(1)(a)
Lead-based paint	Before lease signing or any payment	RCW 59.18.060(1)(b)
Utility responsibility	Before lease signing	RCW 59.18.060(1)(c)
Safety detectors	Before lease signing	RCW 59.18.060(1)(d)
Contact information	Before lease signing	RCW 59.18.060(1)(i)
Move-in inspection form	At move-in, before tenant pay	RCW 59.18.260
Capital improvement notice	With rent increase notice	RCW 59.18.060(1)(f)

Critical rule: If you collect a security deposit or first month's rent before providing all required disclosures, you've violated the law. The tenant can recover the deposit plus treble damages even if they later sign the lease.

Penalties for Non-Compliance

Washington law imposes significant penalties for failure to provide mandatory disclosures:

Treble Damages Provision (RCW 59.18.100)

RCW 59.18.100 states that if a landlord fails to comply with any provision of the Residential Tenancies Act (including disclosure requirements), the tenant can recover:

• Actual damages (the harm suffered)
• Court costs and attorney fees
• Treble damages (three times the actual damages) if the violation is willful

Example: A tenant pays $1,500 security deposit without receiving mold disclosure. The tenant later discovers mold and moves out. Even if the mold only caused $500 in medical expenses, the tenant can recover $1,500 (treble damages) plus court costs and attorney fees. The actual harm is irrelevant to treble damages; what matters is violation of the statute.

Specific Enforcement: Lead-Based Paint

Lead-based paint non-compliance is enforced by the EPA and carries federal penalties:

• Up to $16,000 per violation for initial offense
• Up to $27,500 per violation for subsequent violations within 5 years
• Criminal penalties for knowing violations (up to 1 year imprisonment and $10,000 fine)

Security Deposit Consequences

If you fail to provide move-in inspection (RCW 59.18.260) or mold/lead disclosures, you cannot deduct from the security deposit for any damage, even obvious tenant damage. The court presumes all damage was pre-existing. In addition:

• You must return the full security deposit within 30 days
• You owe treble damages (RCW 59.18.060)
• You pay the tenant's attorney fees and court costs

Attorney Fee Recovery

Unlike many states, Washington law automatically awards attorney fees to the prevailing tenant in a landlord-tenant dispute. If a tenant sues for non-disclosure and wins (even a technical win where damages are $0), the landlord pays both the tenant's attorney fees and court costs. This makes even "small" violations extremely expensive.

Common Mistakes and How to Avoid Them

Mistake #1: Providing Disclosures After Lease Signing

What landlords do: Tenant signs lease, then landlord provides disclosures at move-in or via email after signing.

Why it doesn't work: RCW 59.18.060 requires disclosures "before the lease is signed." Courts interpret this strictly. Disclosures provided after signing are non-compliant.

How to fix it: Bundle all disclosures as an addendum to the lease or include them on a separate page that the tenant signs as part of the lease package. The tenant's signature on the disclosure page confirms receipt before lease signing.

Mistake #2: Paraphrasing the Mold Disclosure

What landlords do: "Our property is well-maintained and free of mold" or "Mold is unlikely in this unit."

Why it doesn't work: The statute requires specific language about hazards and health risks. Courts have rejected paraphrased versions.

How to fix it: Use the exact statutory language: "Mold may present a health hazard, particularly for individuals with respiratory conditions, allergies, or compromised immune systems. Mold can cause property damage."

Mistake #3: Assuming Lead Disclosure Doesn't Apply

What landlords do: "Property was built after 1978, so no lead disclosure needed" (without confirming the actual build date).

Why it doesn't work: If the property was actually built before 1978 and no lead disclosure was provided, liability follows immediately. Build date is a fact; it cannot be assumed.

How to fix it: Verify the build date through property records or a title search. If pre-1978 is confirmed, provide the federal EPA lead form. If you're unsure, assume the property is pre-1978 and provide disclosure—it's safer than guessing.

Mistake #4: Forgetting the Move-In Inspection Form

What landlords do: Provide lease disclosures but don't conduct a written move-in inspection or inspection form.

Why it doesn't work: RCW 59.18.260 is separate from RCW 59.18.060. You must do both. Without a move-in form, you lose the ability to deduct security deposit for any damage.

How to fix it: Conduct a walk-through inspection with the tenant present (or give them the opportunity to be present). Complete a written checklist documenting condition. Provide a copy to the tenant and retain a copy in your records.

Mistake #5: Including Prohibited Clauses Without Disclosing Their Absence

What landlords do: Draft a lease with a clause like "Tenant waives right to repair-and-deduct for maintenance" and don't include the mandatory acknowledgment that the lease doesn't contain prohibited clauses.

Why it doesn't work: The clause is void under RCW 59.18 regardless of disclosure, but failure to disclose its absence implies the clause might be present. Courts view this as violation of the disclosure requirement.

How to fix it: (1) Remove all prohibited clauses from your lease, and (2) include the disclosure: "This lease does not contain any provisions that waive rights granted to tenants under RCW Chapter 59.18 or other applicable law."

Mistake #6: Updating Contact Information Mid-Lease Without Not