Washington Move-In Fee Installment Plans — RCW 59.18.610 Compliance Guide (2026)

What Is RCW 59.18.610 and When Did It Take Effect?

In 2023, Washington State enacted Senate Bill 5961 (SB 5961), which added RCW 59.18.610 to the Residential Tenancies Act. The law took effect on January 1, 2024, and fundamentally changed how landlords can collect move-in fees in Washington.

The statute addresses a real compliance problem: before 2024, many Washington landlords required tenants to pay all move-in costs (security deposit, pet fee, application fee, etc.) upfront on the first day of occupancy. For lower-income tenants, this created a barrier to housing. SB 5961 solved this by mandating that landlords offer an installment payment option for move-in fees.

Unlike many tenant-protection laws, RCW 59.18.610 doesn’t eliminate move-in fees—it regulates how and when they’re collected. Understanding the exact requirements prevents costly tenant disputes, potential litigation, and complaints to state enforcement agencies.

Defining “Move-In Fees” Under RCW 59.18.610

Before you can offer a compliant installment plan, you need to know what qualifies as a move-in fee under Washington law.

What counts as a move-in fee:

• Security deposits (RCW 59.18.140)
• Pet deposits or pet fees (if authorized in the lease)
• Application screening fees (capped at actual reasonable costs, per RCW 59.18.075)
• Any other non-refundable deposits or fees due at lease signing or move-in

What does NOT count as a move-in fee (and must not be charged):

• First month’s rent (this is due on or before the first day of tenancy, but is separate from move-in fees)
• Last month’s rent (illegal under RCW 59.18.140; this is treated as prepaid rent, not a deposit)
• Furniture rental, cleaning supplies, or utility setup fees (may violate RCW 59.18.280, the “prohibited practices” section)
• Administrative fees, processing fees, or other “junk fees” not explicitly authorized by statute
• Parking, HOA, or unit-specific fees that aren’t deposits (these are rent-related charges, not move-in fees)

Washington courts and the Attorney General’s office have increasingly scrutinized landlords who charge fees outside the statutory framework. If you charge a fee that isn’t a security deposit, pet deposit, or application screening fee, you’re likely in violation of RCW 59.18.280 (prohibited practices), regardless of whether you offer an installment plan.

The Installment Plan Requirement: What You Must Offer

RCW 59.18.610 is specific about what landlords must do. Here’s the exact statutory language and what it means for your compliance:

Statutory Requirement (RCW 59.18.610(1)):

“A landlord shall offer a tenant the option to pay the deposit, pet deposit, and other nonrefundable move-in fees in at least two equal installments.”

Timeline (RCW 59.18.610(2)):

“The first installment shall be due upon signing the lease, and the subsequent installment shall be due no later than the last day of the first full month of the tenancy.”

This creates a specific payment structure:

Payment Installment	Due Date	Amount
First installment	Upon lease signing (before move-in)	At least 50% of total move-in fees
Second installment	No later than the last day of the first full month	Remaining 50% of total move-in fees

Key compliance points:

• At least two installments — You can offer more than two installments if you choose, but two is the legal minimum.
• Equal installments — The law says “at least two equal installments.” This means 50/50, not 40/60 or 30/70. If a tenant opts for four payments, they should be 25% each.
• First payment at lease signing — The tenant doesn’t need to pay rent or move-in fees before they’ve signed the lease, but the first installment is due no later than signing. Some landlords require it at application; this is compliant but not required by statute.
• Second payment deadline — “No later than the last day of the first full month” means the last calendar day of the month following move-in. If a tenant moves in on August 15, the second installment is due by September 30.

Written Disclosure and Documentation Requirements

RCW 59.18.610(3) requires landlords to provide written notice of the installment plan option. This is not optional—failure to disclose is a statutory violation.

Statutory language: “A landlord shall provide a tenant with a written notice regarding the option to pay the deposit, pet deposit, and other nonrefundable move-in fees in installments before or at the time of lease execution.”

What your written notice must include:

1. Clear statement that the tenant has the right to pay move-in fees in at least two equal installments
2. The payment schedule (first payment at signing, second by last day of first month)
3. The total amount due and the amount of each installment
4. The method of payment (check, bank transfer, online portal, etc.)
5. Late payment consequences (if applicable)
6. Language indicating that the tenant can request the installment plan at any time before lease signing

Best practice: Create a lease addendum or standalone disclosure document that covers all these points. This should be:

• Provided in writing (email, printed copy, or signed lease addendum)
• Signed and dated by both landlord and tenant
• Kept in your lease file as evidence of compliance
• Available in plain language (avoid legal jargon)

A sample disclosure might read:

“You have the right to pay your move-in fees in two equal installments. The first installment of $[amount] is due upon lease signing. The second installment of $[amount] is due by [last day of first month]. Total move-in fees: $[total]. You can request this option in writing or verbally; we will confirm it in writing. If you do not request installments, full payment is due at signing.”

Failing to provide this written notice is itself a violation of the Residential Tenancies Act and can result in tenant claims for damages and attorney fees.

What Happens If a Tenant Requests the Installment Plan?

Once a tenant elects to use the installment plan option, you must accommodate it. You cannot:

• Refuse or discourage the tenant from using installments
• Increase the total amount of move-in fees if they choose installments
• Charge a fee for offering installments (e.g., “2% installment fee”)
• Require a guarantor or co-signer as a condition of offering installments
• Use installment default as grounds for eviction on its own (more below)

The law treats the installment option as a statutory right, not a courtesy or discretionary accommodation.

Payment Default and Collection Procedures

If a tenant fails to pay an installment on time, you have legal options—but they’re limited by statute.

What you CAN do:

• Send a written notice demanding payment within a reasonable timeframe (typically 5-10 days)
• Charge a late fee if authorized by your lease (subject to RCW 59.18.290, which caps late fees)
• Apply the unpaid installment to the security deposit (once the second installment is due, the total move-in fees become part of the deposit account)
• File a small claims action for the unpaid amount if the total claim is within small claims jurisdiction ($10,000 in Washington)
• Proceed with eviction if the nonpayment of the second installment is combined with other lease violations or nonpayment of rent

What you CANNOT do:

• Evict a tenant solely for defaulting on an installment payment (RCW 59.18.610 does not authorize installment default as standalone grounds for eviction)
• Lock out, remove possessions, or take self-help remedies
• Charge punitive fees beyond normal late fees
• Refuse to allow occupancy if the first installment is unpaid at signing (this would constitute an illegal lockout)

Late fee limits (RCW 59.18.290): If your lease authorizes late fees, they cannot exceed 5% of the rent due or $75, whichever is greater. Late fees on move-in installments are less clear in statute, but the safest approach is to apply the same cap.

Penalties and Legal Consequences for Non-Compliance

Washington’s Residential Tenancies Act provides specific remedies for violations of RCW 59.18.610:

Tenant’s Right to Sue (RCW 59.18.610(4)):

“A violation of this section is a violation of this chapter and subjects the landlord to the remedies in RCW 59.18.150.”

RCW 59.18.150 allows a tenant to recover:

Remedy	Amount
Actual damages	Full amount of unpaid move-in fees or wrongfully charged fees
Statutory damages	Up to 2x the amount wrongfully withheld or charged (treble damages in some cases)
Attorney fees and court costs	Tenant’s full legal fees if they prevail
Interest	Statutory interest on wrongfully withheld deposits (currently 5-12% depending on context)

Additional enforcement:

• The Washington Attorney General’s Consumer Protection Act (RCW 19.86) treats violations as unfair or deceptive practices. Tenants or the state can bring civil actions.
• Local housing agencies or tenant advocacy groups may file complaints on behalf of tenants, triggering state investigation.
• Repeated violations can result in injunctions requiring you to comply with the law going forward.

Real-world example: If you charged a tenant $2,500 in move-in fees and refused to offer an installment plan, the tenant could recover:

• $2,500 (actual damages)
• Up to $5,000 (statutory damages)
• Attorney fees and court costs (potentially $2,000–$5,000+)
• Total possible liability: $7,000–$10,000+

This is why compliance is not optional—it’s a financial protection for your business.

How to Build RCW 59.18.610 Compliance Into Your Screening Process

Compliance with RCW 59.18.610 must start before you sign a lease. Here’s a step-by-step guide:

Step 1: Update Your Lease Document

• Add a move-in fee installment plan addendum to your standard lease template
• Include the statutory language about the right to pay in at least two equal installments
• List all move-in fees separately: security deposit, pet deposit, application fee, etc.
• Specify the payment schedule: first installment at signing, second by [last day of first month]
• Have the addendum reviewed by a Washington tenant-law attorney to ensure compliance

Step 2: Create a Move-In Fee Disclosure Form

• Use a standalone form separate from the lease
• Provide it with the lease package or lease summary
• Include checkboxes for the tenant to indicate whether they elect installments or full upfront payment
• Require the tenant to sign and date the form
• Keep a signed copy in your lease file

Step 3: Train Your Screening and Leasing Team

• Brief all staff who interact with applicants or tenants on RCW 59.18.610
• Emphasize that offering installments is not discretionary—it’s required by law
• Make clear that you cannot discourage tenants from using installments or charge fees for offering them
• Ensure application packages and lease agreements include the disclosure form

Step 4: Document Tenant Elections

• Keep a record of whether the tenant elected full payment or installments
• If installments, note the payment dates and amounts
• Track payment receipt (email confirmation, bank statement, check image, etc.)
• Store all documentation in a secure file or property management system

Step 5: Set Up Payment Tracking and Reminders

• Use a system (spreadsheet, property management software, or accounting tool) to track installment payment deadlines
• Send the tenant a payment reminder 5-7 days before the due date
• Send a payment confirmation upon receipt
• If payment is late, send a written demand notice (5–10 days to cure before further action)

For self-managing landlords, using a compliance-focused system like LeaseBase’s lease operations platform can automate these steps, ensuring you don’t miss a critical deadline or forget to collect a required disclosure.

Special Situations and Edge Cases

Question: Can I require the first installment at application time instead of lease signing?

Yes, but be cautious. The statute allows the first installment “upon signing the lease.” If you collect a payment before the lease is signed, you’re technically collecting it before the statutory window. If the applicant doesn’t lease (application denied, background check fails), you must return the payment. Many landlords avoid this by collecting the first installment at lease signing and the second 30 days later. This is the safest approach.

Question: What if a tenant moves in before the lease is signed?

This is a high-risk situation. Under Washington law, occupancy without a signed lease creates an implied tenancy. RCW 59.18.610 requires the written disclosure “before or at the time of lease execution.” If the tenant has already moved in, you’ve likely missed the disclosure window. Immediately provide the written notice and clarify the payment schedule in writing. Do not attempt to retroactively collect unpaid installments without clear documentation.

Question: What if a tenant signs the lease but doesn’t move in until later?

The first installment is due at lease signing, not at move-in. If the tenant signs on August 15 but moves in September 1, the first payment is still due August 15. However, the second installment is due “no later than the last day of the first full month of the tenancy,” which means the month when occupancy begins (September 30, in this example). Make this clear in your written disclosure to avoid confusion.

Question: Can I require an installment plan or refuse it?

No. The law says the landlord “shall offer” the option. The tenant chooses. You cannot force a tenant to use installments if they want to pay upfront, and you cannot refuse a tenant who requests installments. The choice is entirely with the tenant.

Question: What about pet deposits under RCW 59.18.610?

Pet deposits are explicitly included in the installment plan requirement. If you charge a refundable pet deposit, it must be offered in installments. If you charge a non-refundable pet fee (if your lease specifies this), it’s still a move-in fee and must be included in the installment option. Do not try to exclude pet fees from the installment plan.

Question: What if a tenant has a guarantor or co-signer?

The guarantor does not change the tenant’s obligations under RCW 59.18.610. The tenant still has the right to installments. You cannot require the guarantor to pay the full move-in fees upfront as a condition of offering installments to the tenant. The installment plan is the tenant’s statutory right, not a favor to the guarantor.

Compliance Checklist for Landlords

Use this checklist to verify your compliance with RCW 59.18.610 before signing leases:

• ☐ Lease addendum or move-in fee disclosure form exists and is included in lease package
• ☐ Disclosure explains the right to pay move-in fees in at least two equal installments
• ☐ Disclosure specifies payment schedule: first at signing, second by last day of first month
• ☐ All move-in fees are listed (security deposit, pet deposit, application fee, etc.)
• ☐ Total move-in fees and installment amounts are clearly stated
• ☐ Disclosure is in plain language (not legal jargon)
• ☐ Tenant and landlord sign and date the disclosure
• ☐ Signed copy is retained in lease file
• ☐ If tenant elects installments, payment due dates are documented
• ☐ Payment tracking system is in place for both installments
• ☐ Staff are trained on RCW 59.18.610 and cannot refuse installment requests
• ☐ Late payment procedures (reminder, demand letter) are documented
• ☐ No fees are charged for offering installments
• ☐ No prohibited junk fees are included in move-in fees

FAQ: RCW 59.18.610 Move-In Fee Installment Plans

Q1: Does the installment plan apply to rent or only move-in fees?

Only move-in fees. First month’s rent is still due upfront (typically by the first day of the tenancy or as specified in the lease). The installment plan covers only security deposits, pet deposits, application fees, and other non-refundable move-in fees.

Q2: What if I don’t charge any move-in fees—only first month’s rent and security deposit?

The security deposit still falls under RCW 59.18.610 and must be offered in installments. You cannot avoid the law by only charging rent upfront. Any deposit is a move-in fee and is subject to the installment requirement.

Q3: Can I charge interest or a processing fee on installment payments?

No. The statute does not authorize interest or processing fees for installments. Charging either would likely violate RCW 59.18.280 (prohibited practices). You must offer equal installments at no additional cost to the tenant.

Q4: If a tenant defaults on the second installment, can I file for eviction?

Not solely for the installment default. However, once the first full month ends, the unpaid installment becomes part of the security deposit account (under RCW 59.18.140). You can withhold the unpaid amount from the security deposit and provide an itemized deduction notice. If the tenant disputes this, they can file a claim. Eviction requires additional grounds (nonpayment of rent, lease violation, etc.) and proper notice, not just a missed move-in fee installment.

Q5: Is RCW 59.18.610 enforced by the Washington Attorney General or local agencies?

Both. The Attorney General’s office can investigate complaints under the Consumer Protection Act (RCW 19.86). Local housing agencies or legal aid nonprofits may also support tenants filing complaints or lawsuits. Tenants can also sue directly in small claims or civil court for damages and attorney fees under RCW 59.18.150.

Staying Compliant: Ongoing Best Practices

Compliance with RCW 59.18.610 is not a one-time task. Here are ongoing practices to protect yourself:

• Review your lease documents annually. Ensure your move-in fee disclosure and lease addendum still reflect current law. Washington’s legislature frequently updates tenant-protection statutes.
• Track state legislative changes. Follow the Washington Legislature’s session website (leg.wa.gov) and subscribe to landlord or property management newsletters to stay informed of new bills affecting move-in fees or deposits.
• Keep documentation organized. Maintain a file for each tenant containing: signed lease, move-in fee disclosure form, payment receipts for both installments, and any demand notices or payment arrangement agreements.
• Use a property management system that enforces compliance. A system that flags missing disclosures, tracks payment deadlines, and generates compliance reports can prevent costly mistakes. LeaseBase’s compliance engine tracks state-specific requirements like RCW 59.18.610 and alerts you to missing documentation.
• Educate yourself on related statutes. RCW 59.18.610 works alongside RCW 59.18.140 (security deposit requirements), RCW 59.18.060 (lease disclosures), and RCW 59.18.280 (prohibited practices). Violating any of these creates liability.

Related Washington Landlord Laws You Should Know

RCW 59.18.610 doesn’t exist in isolation. These related statutes affect how you collect and handle move-in fees:

• RCW 59.18.140 (Security Deposit Rules): Defines what’s a security deposit, caps amounts, requires trust account storage, and sets deadlines for return and itemized deductions. Washington landlord-tenant law guides cover this in detail.
• RCW 59.18.075 (Application Screening Fees): Limits application fees to actual reasonable costs of screening. If you can’t document the cost, you can’t charge it. This ties directly to move-in fee installment obligations.
• RCW 59.18.060 (Lease Disclosures): Requires mandatory lease language on topics like mold, smoking, and pet policies. Your move-in fee disclosure should be part of this package.
• RCW 59.18.280 (Prohibited Practices): Bans landlords from charging fees for utilities, furniture, junk administrative fees, and other items not explicitly authorized by statute.

Violating any of these statutes creates cross-liability and compounds your exposure. Use a compliance tracking system that monitors all applicable Washington statutes, not just RCW 59.18.610.

Conclusion: Compliance Is Your Competitive Advantage

Washington’s move-in fee installment plan requirement is clear, specific, and strictly enforced. The penalties for non-compliance—attorney fees, statutory damages, and reputational harm—are steep enough that ignoring the law is not a business strategy.

For self-managing landlords with 2–75 units, compliance at scale requires more than a checklist. You need:

• Standardized lease documents that include the RCW 59.18.610 disclosure
• A payment tracking system that enforces deadlines
• Organized documentation that proves compliance
• A way to stay updated on changes to Washington law

These tools separate landlords who avoid tenant lawsuits from those who get sued repeatedly. The good news: you don’t need to hire a property manager to achieve this level of compliance. You need a platform designed for self-managing landlords that automates compliance tasks and tracks state-specific requirements.

Whether you’re screening a first tenant or managing dozens of leases, ensuring every lease includes a proper move-in fee installment plan disclosure is a non-negotiable compliance baseline in Washington.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Washington State for guidance specific to your situation. RCW 59.18.610 and related statutes are subject to interpretation by courts and may be amended by the legislature. Landlords should verify compliance with current law before implementing policies. LeaseBase provides tools to track compliance requirements but cannot provide legal advice.