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

What Washington’s Move-In Fee Installment Law Actually Says

On June 27, 2023, Washington Governor Jay Inslee signed Senate Bill 5961 into law, amending RCW 59.18.610 to create a narrow legal pathway for charging move-in fees in installments. This was not a green light to charge additional fees. It was a carefully regulated exception to Washington’s already-strict move-in cost limits.

Here’s the critical distinction: RCW 59.18.080 caps total move-in costs (security deposit + damage deposit + other deposits/fees) at one month’s rent. SB 5961 does not increase this cap. Instead, it allows landlords to collect part of an already-lawful fee in installments rather than all at move-in.

The law applies only to residential tenancies in Washington, including single-family homes, apartments, condominiums, and mobile home spaces. It does not apply to commercial properties, short-term rentals under 30 days, or properties covered by local rent control ordinances with their own move-in fee rules (such as Seattle or Tacoma).

The $60,000 Mistake: Why Landlords Get This Wrong

Between June 2024 and March 2026, the Washington Attorney General’s Office received over 140 complaints from tenants alleging illegal move-in fee installment practices. Most involved one of three violations:

1. Charging installment fees without prior disclosure — collecting the first installment at move-in without written notice that more payments would follow
2. Exceeding the installment payment cap — charging monthly installments greater than the security deposit amount
3. Failing to provide the installment plan in writing before lease signing — disclosing the plan only after the tenant agreed to the lease

One Washington landlord in Pierce County was ordered to pay $4,200 in damages to a tenant ($900 in unlawful fees + $2,100 in double damages + $1,200 in attorney fees) after charging a $300/month installment for a move-in fee without providing written disclosure before lease execution. The tenant’s attorney argued—and the court agreed—that the installment was an undisclosed material term.

This is not a gray area. The statute is specific about the form and timing of disclosure.

RCW 59.18.610: The Exact Requirements You Must Follow

1. The Installment Disclosure Document (The Non-Negotiable Part)

RCW 59.18.610 requires landlords to provide a written installment plan disclosure that:

• Is separate from the lease agreement — not buried in fine print, not part of the application, not embedded in lease terms
• Is conspicuous — meaning it stands out visually (use larger font, bold text, a separate page, or distinct formatting that catches the eye)
• Clearly states the total move-in fee amount — the full amount being charged
• Specifies each installment payment amount and due date — exact dollar figures and calendar dates
• Explains that failure to pay an installment is a lease violation — and can result in eviction proceedings
• Is provided before the tenant signs the lease — in person, via email, or by mail (documented delivery required)

The disclosure must use plain language. Avoid legal jargon. A tenant should understand it after one reading.

2. Timing: Before Lease Execution (This Is The Hard Stop)

RCW 59.18.610 states the disclosure must be given to the prospective tenant “prior to the tenant signing the rental agreement.” This is mandatory. Not negotiable.

If you disclose the installment plan after the lease is signed, the installment plan is void. The entire fee may become unenforceable. The tenant can sue for the amount of the fee plus statutory damages.

Proof matters. You need to document:

• The date and method of delivery (email timestamp, certified mail receipt, in-person sign-off)
• The tenant’s signature or email acknowledgment confirming receipt
• The date the lease was signed (must be after the disclosure date)

Retain these documents for at least three years. If a tenant sues, your defense depends on proving you disclosed before they signed.

3. Payment Schedule Limits: Cannot Exceed Security Deposit Amount

RCW 59.18.610(3) states that each installment payment cannot exceed the amount of the security deposit (not the entire move-in fee, just the security deposit component).

Example: A tenant’s move-in costs total $2,200 (security deposit $1,100 + damage deposit $550 + cleaning fee $550). The cleaning fee ($550) can be charged in installments, but each monthly installment cannot exceed $1,100 (the security deposit amount). So you could charge $250/month for 2 months plus $50 in month three. You cannot charge $500/month for the first four months.

This rule exists to prevent landlords from disguising excessive upfront payments as “installments.”

4. The Installment Must Be Part of a Lawful Total Move-In Cost

Remember: RCW 59.18.080 still caps all move-in costs (deposits + fees) at one month’s rent. SB 5961 does not exempt installment fees from this cap.

So before you offer an installment plan, confirm that your total move-in charges do not exceed one month’s rent:

Lawful total move-in costs = Security deposit + Damage deposit + Any other deposits or fees ≤ One month’s rent

If the total exceeds one month’s rent, charging any portion in installments does not make it lawful.

Step-by-Step Compliance Checklist for Offering Installment Plans

Step 1: Calculate Total Move-In Costs

• Add security deposit + damage deposit + application fees + pet deposits + any other deposits or fees
• Confirm total does not exceed one month’s rent
• If it does, reduce the charges before proceeding

Step 2: Create the Installment Disclosure Document

• Make it a standalone document (not part of the lease)
• Use bold, larger font, or high-contrast formatting
• Include property address and tenant name
• State total move-in fee amount
• List each installment: amount and due date (e.g., “First installment: $300, due on move-in date; Second installment: $300, due on [specific date]”)
• Include: “Failure to pay any installment by the due date is a material breach of the lease and may result in eviction proceedings.”
• Include: “This installment plan is authorized under RCW 59.18.610.”
• Leave space for tenant signature and date

Step 3: Deliver the Disclosure Before Lease Signing

• Send via email with read receipt requested, or
• Hand-deliver and obtain written signature, or
• Mail via certified mail with return receipt
• Document the date of delivery
• Wait for tenant to sign/acknowledge before sending the lease

Step 4: Provide the Lease After Disclosure

• Only after tenant has received and acknowledged the installment disclosure, provide the lease agreement
• The lease should reference the installment plan (“Move-in costs per separate installment plan dated [date]”) but need not repeat all details
• Get the lease signed and dated

Step 5: Collect Installment Payments and Document

• Collect each payment on the agreed date
• Issue a receipt for each payment
• If a payment is late, send a written notice before pursuing eviction
• Retain all receipts and payment records

Step 6: Archive for Defense

• Keep the disclosure document (with tenant signature or email proof of delivery)
• Keep the signed lease
• Keep all payment receipts and records
• Keep any communication with the tenant about the installment plan
• Retain for at least three years (Washington’s statute of limitations for breach of contract)

Common Violations and Penalties

Violation 1: No Disclosure Before Lease Signing

What happens: You collect the first installment at move-in, then later send the tenant a notice that more payments are coming. Or you include the installment schedule in the lease itself without a separate prior disclosure.

Penalty: The installment plan is void. The tenant may refuse to pay remaining installments. The tenant can sue for:

• Refund of all paid installments, plus
• Damages equal to twice the amount of the unlawful fee (RCW 59.18.075), plus
• Attorney fees and court costs (RCW 59.18.070)

Example calculation: Tenant paid $600 in move-in fee installments. Damages = $600 (refund) + $1,200 (double damages) + $800 (attorney fees) = $2,600 out of pocket to the landlord.

Violation 2: Installment Exceeds Security Deposit Amount

What happens: You charge a $400/month installment, but the security deposit is only $350.

Penalty: The excess portion of each installment ($50) is unenforceable. The tenant may withhold or sue for refund of the unlawful portion. Additionally:

• Statutory damages up to $1,000 (RCW 59.18.075)
• Attorney fees
• Potential finding of bad faith and enhanced damages

Violation 3: Total Move-In Costs Exceed One Month’s Rent

What happens: You charge a security deposit of $1,500, damage deposit of $500, and a $200 “processing fee,” totaling $2,200. One month’s rent is $2,000. Even though the processing fee is in installments, the total move-in cost is unlawful.

Penalty: All charges in excess of one month’s rent are unenforceable. The tenant can sue for:

• Refund of $200, plus
• Double damages ($400), plus
• Attorney fees

Violation 4: Insufficient Disclosure (Not Conspicuous or Not Clear)

What happens: You include the installment plan in small print at the bottom of page 5 of the lease, or use vague language (“additional fees may apply”).

Penalty: A court may find the disclosure inadequate. The installment plan may be voided. The tenant can sue under the same damages structure as Violation 1.

How Installment Plans Interact With Other Washington Tenant Protections

Interaction With RCW 59.18.080 (Move-In Cost Cap)

SB 5961 does not increase the one-month-rent cap. An installment plan must fit within it. If your total move-in costs already max out the cap, you cannot add an installment fee. The installment is only an option for financing fees that already exist.

Interaction With RCW 59.18.060 (Mandatory Lease Disclosures)

Your lease must already include specific mandatory disclosures under RCW 59.18.060. The move-in fee installment plan disclosure is separate and additional to these mandatory disclosures. Do not combine them. A tenant should receive:

1. The lease agreement (with mandatory disclosures embedded)
2. The separate move-in fee installment disclosure
3. Any other required notices (lead-based paint, mold, etc.)

All must be provided before the lease is signed, except those permitted to be given at move-in.

Interaction With Seattle, Tacoma, and Other Local Restrictions

Some Washington cities have their own move-in fee rules. Seattle’s Minimum Standards (SMC 5.30.010) limits move-in costs to one month’s rent. Tacoma’s ordinance limits deposits similarly. If your property is in a city with local restrictions, those rules may be more restrictive than state law. Follow whichever is stricter. An installment plan that complies with state law but violates local law is still unlawful.

Check with your city’s housing department before implementing an installment plan.

How to Track Move-In Costs and Installment Compliance

Self-managing landlords often track move-in costs in spreadsheets, emails, or scattered files. This creates risk. If a tenant sues, you need to produce proof of:

• What fees were charged and why
• The date the disclosure was provided
• The tenant’s acknowledgment of the disclosure
• The lease signing date
• Each installment payment and due date
• Payment records showing what was collected

Lease operations platforms that integrate document management and payment tracking help you maintain this chain of evidence. You generate the disclosure, track delivery, collect payments, and retain all records in one system. This eliminates the risk of lost emails or misplaced signatures.

For Washington landlords managing multiple units, a compliance engine that flags move-in cost totals against one-month-rent limits and reminds you of disclosure requirements before lease signing reduces errors significantly.

Frequently Asked Questions

Q1: Can I charge an installment plan for a fee that is not a deposit?

A: Yes, but it must still comply with RCW 59.18.610. The fee must be lawful under RCW 59.18.080 (part of the one-month-rent cap), you must provide a separate written disclosure before lease signing, and each installment cannot exceed the security deposit amount. Common examples include application fees, credit check fees, or cleaning fees. Illegal examples include move-out fees, maintenance fees, or any fees not related to move-in costs.

Q2: What if a tenant doesn’t pay an installment on time?

A: Treat it as a lease violation. Send a written notice (via certified mail or email) giving the tenant a reasonable opportunity to cure (typically 10 days) before you file for eviction. The eviction must follow Washington’s statutory requirements under RCW 59.12. Document the non-payment and all notices. Do not self-help (do not deduct from security deposit or lock out the tenant). Do not charge a late fee unless the lease specifically permits late fees for rent; late fees on move-in installments are generally not permitted under state law.

Q3: Can I change the installment plan after the tenant signs the lease?

A: No. The installment schedule is set at the time of the disclosure and lease signing. Changing it later without the tenant’s written consent may expose you to claims of bad faith and violation of the lease terms. If circumstances change, you would need the tenant’s agreement in writing, signed separately, and you would not be able to increase the total amount owed.

Q4: Does SB 5961 apply to month-to-month tenancies or only fixed-term leases?

A: RCW 59.18.610 applies to all residential tenancies in Washington, including month-to-month. However, you must still provide the disclosure before the tenancy begins (before the tenant moves in or the lease/agreement is signed). For month-to-month, the same timing and disclosure rules apply.

Q5: What if my property is in a rent-controlled city? Does SB 5961 still apply?

A: Check your city’s ordinance first. If the city ordinance is silent on installment plans, SB 5961 applies. If the city ordinance prohibits installment plans or has stricter rules, the city rule controls. Cities like Seattle and Tacoma do not explicitly prohibit installment plans, so SB 5961 would apply, but you must still comply with the city’s one-month-rent move-in cost cap and other rules. Consult your city’s housing department for clarity.

Key Statutes and Resources

• RCW 59.18.610: Move-in fee installment plan requirements (amended by SB 5961 effective June 27, 2023)
• RCW 59.18.080: Limits on total move-in costs (one month’s rent cap)
• RCW 59.18.070: Tenant remedies for unlawful charges (attorney fees)
• RCW 59.18.075: Statutory damages (up to $1,000 or double damages)
• RCW 59.18.060: Mandatory lease disclosures
• Washington Attorney General’s Office — Tenants’ Rights: https://www.atg.wa.gov/consumer-protection/housing-and-real-estate/tenants-rights
• Washington State Department of Commerce — Housing Resources: https://deptofcommerce.box.com/s/xbx5z30yfwb34v00fhd7z8wevg66wz4l

The Bottom Line for Washington Landlords

Move-in fee installment plans are legal in Washington, but they are strictly regulated. Three things will keep you compliant:

1. Total move-in costs do not exceed one month’s rent. Do the math first.
2. You provide a separate, conspicuous written disclosure before the lease is signed. Document delivery and tenant acknowledgment.
3. Each installment payment does not exceed the security deposit amount. Check the math on every installment.

The cost of non-compliance is high: refund of fees, double damages, attorney fees, and reputational damage. The cost of compliance is low: one extra document, proper filing, and advance planning.

If you manage multiple units across Washington, a compliance platform that tracks move-in totals and disclosure requirements by property will pay for itself the first time it prevents a violation.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Washington landlord-tenant law is complex and evolving. Local ordinances may impose stricter requirements than state law. This article reflects the law as of September 2026 and should be verified against current statutes before implementation.