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 May 2024, Washington Governor Jay Inslee signed SB 5961 into law, effective June 6, 2024. This statute amended RCW 59.18.610 to establish a tenant right to pay move-in fees in installments. The law applies to all residential tenancies signed after June 6, 2024, and creates mandatory obligations for landlords statewide, regardless of unit count or property type.

This is not optional. Washington landlords cannot opt out, cannot impose fees for installment elections, and cannot condition lease approval on upfront payment of the full move-in fee amount.

The statute language is direct: "A landlord shall offer a tenant the option to pay the move-in costs in installments." The word "shall" in Washington law is mandatory, not discretionary.

What Counts as a Move-In Fee Under Washington Law?

Washington's definition of "move-in costs" in RCW 59.18.610 encompasses all fees and deposits charged before a tenant occupies the unit or at lease signing, excluding rent itself.

This includes:

• Security deposits (full amount)
• Non-refundable administrative fees
• Pet deposits and pet fees
• Parking deposits and parking fees
• Key replacement or access card fees
• Cleaning fees (charged upfront)
• Application fees (when charged to the tenant, not the screening vendor)
• First month's rent is NOT included — only charges in addition to rent

The law does not limit the total amount of move-in costs landlords can charge. It only requires that if you charge move-in costs, you must allow installment payment.

Example: A landlord charges $500 security deposit + $250 administrative fee + $150 pet deposit = $900 total move-in costs. The tenant can elect to pay $300 per month for three months, or $900 upfront. Both options must be offered.

The Three-Month Installment Requirement: Specific Rules

RCW 59.18.610 specifies that move-in costs must be divided into equal installments over the tenant's first three months of occupancy. This creates several non-negotiable requirements:

Equal Payment Amounts Are Mandatory

Landlords cannot backload or frontload the installment schedule. If a tenant owes $900 in move-in costs, the schedule must be:

• Month 1: $300
• Month 2: $300
• Month 3: $300

You cannot charge $500 in month one and $200 in months two and three, even if the tenant agrees. The statute mandates equal division.

No Interest or Additional Fees

The statute explicitly prohibits landlords from charging:

• Interest on installment amounts
• Processing fees for payment plan administration
• Late fees specifically for missing an installment payment (though other lease terms on late rent may apply)
• Administrative costs for setting up the installment plan

The installment amount is the same whether paid upfront or over three months. Period.

Timing of Payment Collection

The statute ties installment payments to the rental payment schedule. Most landlords collect the first installment at lease signing or move-in, the second with the second month's rent, and the third with the third month's rent. This aligns the administrative burden with existing rent collection practices.

However, the statute does not mandate a specific payment collection day. Some landlords have chosen to collect all three installments by the end of the first month. This is legally permissible as long as:

• Amounts remain equal
• The total payment period does not compress below three months
• The tenant has written notice of the schedule in advance

Tenant Election and Landlord Obligations

The law gives tenants two rights: the right to elect installment payment, and the right to reject it and pay in full. Landlords must support both options equally.

Tenants Choose; Landlords Must Accept

A tenant may contact you and say, "I want to pay the move-in costs over three months." You must agree. You cannot:

• Refuse the request
• Require the tenant to pay in full as a condition of lease approval
• Charge a higher rent if they elect installments
• Add interest or fees for choosing installments
• Increase the security deposit amount if they choose installments
• Penalize the tenant in any way for exercising this legal right

Tenants Can Also Pay Upfront

You must also honor a tenant's election to pay the full move-in cost upfront. Some landlords have attempted to incentivize upfront payment with discounts or fee waivers. This is legally permissible—the statute requires equal treatment between payment methods, not identical pricing.

However, if you offer a discount for upfront payment, it must be:

• Offered equally to all tenants (no selective discounting)
• Disclosed clearly in writing before lease signing
• Reasonable in amount (excessive discounting may imply the base amount is inflated, inviting regulatory scrutiny)

Written Disclosure Is Mandatory

RCW 59.18.610 requires landlords to provide written notice of the installment option "at or before the time of lease signing." This must include:

• The total move-in cost amount
• The monthly installment amount
• The payment schedule (dates or months)
• The payment method(s) accepted
• The statement that this option is voluntary for the tenant

A simple lease addendum or move-in fee disclosure page satisfies this requirement. You do not need a separate contract, but the information must be in writing and provided before the tenant is obligated to sign the lease.

Best practice: Include the installment plan terms in your lease or create a standalone "Move-In Fee Disclosure" form that is signed by both parties. This creates documentary evidence of compliance if a dispute later arises.

Default and Enforcement: What Happens If a Tenant Doesn't Pay?

The installment plan is part of the lease agreement. If a tenant fails to pay an installment, landlords have the same remedies available for any lease violation.

Non-Payment of Installments

If a tenant fails to pay an installment in month one, two, or three, you may:

• Send a notice to perform or quit (20-day notice under RCW 59.12.030) if the lease gives you this option
• Include the unpaid installment in an eviction action for non-payment of rent (if the installment is overdue by three days or more)
• Pursue the unpaid amount in small claims court after the tenancy ends

The installment amount becomes due on the scheduled date, just like any other rent or fee payment. Failure to pay is a lease violation subject to standard enforcement remedies.

Treating Installments as Rent or Separate Obligation

Some Washington landlords and attorneys have debated whether unpaid installments should be treated as unpaid rent (triggering eviction for non-payment of rent) or as unpaid fees (triggering other lease remedies).

The statute does not clarify this. The safest approach is to treat installments as separate lease obligations and issue a standard notice to perform or quit for non-payment. If the tenant does not cure within 20 days (or your lease's cure period), proceed with eviction for lease violation.

Consult a Washington attorney if you need to proceed with eviction over unpaid installments; the distinction may affect notice requirements and procedural timelines.

Penalties for Non-Compliance: What Landlords Face

Washington law treats violations of RCW 59.18.610 seriously. Landlords who refuse to offer installment plans, who charge fees for installment elections, or who penalize tenants for choosing installments face civil penalties.

Statutory Damages and Penalties

RCW 59.18.030 establishes the penalty structure for violations of the Residential Tenancies Act (Chapter 59.18 RCW). For violations of specific provisions—including RCW 59.18.610—tenants may recover:

Violation Type	Penalty Amount
Refusing to offer installment plan	Up to $4,000 per violation + actual damages
Charging fees or interest for installments	Up to $4,000 per violation + actual damages
Penalizing tenant for installment election	Up to $4,000 per violation + actual damages
Failure to provide written disclosure	Up to $4,000 per violation + actual damages

Attorney Fees and Court Costs

A tenant who successfully sues for RCW 59.18.610 violations can recover all attorney fees, court costs, and litigation expenses from the landlord. This often exceeds the statutory penalty amount.

For example: A tenant sues for $4,000 (refusing installment plan) + $150 actual damages + $3,500 attorney fees = $7,650 judgment against the landlord.

Multiple Violations

Each violation is counted separately. If you refused installment plans to multiple tenants, or if you charged fees to tenants in addition to refusing the plan, the penalties multiply.

Example: A landlord refuses installment plans to three tenants and charges a $50 "payment plan fee" to each. Penalties could total up to $24,000 (3 tenants × 2 violations each × $4,000) plus actual damages and attorney fees.

Tenant Rights to Sue

Tenants can sue individually or in small claims court (for amounts under $5,000) or civil court. They can also file complaints with the Washington State Department of Commerce's Office of the Tenant Advocate (created under the same legislation). The office can investigate complaints and refer violations to enforcement agencies.

Compliance Checklist for Washington Landlords

Use this checklist to ensure your move-in fee practices comply with RCW 59.18.610:

• ☐ Written Move-In Fee Disclosure Created — Document lists all move-in costs, installment amounts, and payment schedule. Provided to all tenants at or before lease signing.
• ☐ Installment Amount Calculated Correctly — Total move-in costs ÷ 3 months = equal monthly installment. No rounding up or fees added.
• ☐ Payment Schedule Documented — Specify the exact dates or months when each installment is due (e.g., upon signing, with month 2 rent, with month 3 rent).
• ☐ No Interest or Fees for Installments — Confirm that the installment amount equals the upfront amount; no processing fees, administrative costs, or interest charged.
• ☐ Lease or Addendum Signed by Both Parties — Tenant and landlord have signed written agreement. Both parties retain a copy.
• ☐ Payment Methods Accepted — Ensure the same payment methods accepted for rent (check, ACH, credit card, etc.) are available for installments.
• ☐ Tenant Election Process Documented — If a tenant elects installments after lease signing, document the election in writing (email, signed form, etc.).
• ☐ No Penalties for Installment Election — Confirm lease does not increase rent, security deposit, or any fees based on installment election.
• ☐ Installment Collection Procedures Aligned with Rent Collection — Accounting system and payment reminders include installment due dates alongside rent due dates.
• ☐ Default Procedures in Place — If tenant misses an installment, procedure for notice to perform (RCW 59.12.030) is documented and ready to use.

Practical Scenarios: Compliance Examples and Mistakes to Avoid

Scenario 1: Tenant Requests Installments During Application Process

Situation: A prospective tenant calls and asks if they can pay the $1,000 security deposit and $300 pet fee over three months instead of upfront.

Compliant Response: "Yes, absolutely. We can set up a payment plan where you pay $433.33 per month for three months. There are no additional fees or interest—it's the same total amount either way. Would you prefer to pay in full upfront or in installments?"

Non-Compliant Response: "We require full payment upfront. No payment plans." OR "We can do installments, but there's a $50 processing fee." OR "Installments are available only if you pay a higher deposit."

Scenario 2: Calculating Installments When Move-In Costs Don't Divide Evenly

Situation: Total move-in costs = $1,000. Divided by 3 = $333.33 per month.

Compliant approach: Pay $333.33 for months 1 and 2, and $333.34 for month 3 (to account for rounding). Or pay $334 for month 1, $333 for month 2, and $333 for month 3. The payments must be approximately equal.

Non-compliant approach: Charging $400, $300, $300 to frontload the first month. Or charging $333 per month with a $1 "rounding fee."

Scenario 3: Tenant Default on Month 2 Installment

Situation: Tenant was due to pay the second $300 installment on day 1 of month 2. On day 10 of month 2, the payment has not arrived.

Compliant response:

• Send a reminder (email, text, or phone call)
• If no payment by day 20, send a formal 20-day notice to perform or quit citing lease violation
• Document all communications
• If tenant cures within 20 days (pays the $300 plus any late rent), dismiss the notice
• If tenant does not cure, proceed with eviction proceedings

Scenario 4: Tenant Wants to Pay Full Amount After Signing Installment Agreement

Situation: Tenant agreed to installment plan on lease signing. On day 15, tenant contacts landlord and says they can now pay the full $1,000 upfront.

Compliant response: "That's great! Yes, you can pay the full amount now. Your account will be credited with the remaining installments." Accept the full payment and cancel future installment due dates.

Non-compliant response: "You already agreed to the installment plan. You have to stick with it." Refusing to accept early full payment is a penalty under the statute.

Integration with LeaseBase Compliance Tools

Washington landlords managing multiple properties must track move-in fee installments, payment due dates, and compliance documentation to avoid penalties. LeaseBase's Compliance Engine flags move-in fee disclosure requirements for each property and tenant, ensuring written disclosures are generated before lease signing.

Rent payment tracking can be configured to include installment due dates alongside regular rent payments, reducing administrative burden and the risk of missed collections. Automated payment reminders ensure tenants know when installments are due.

For landlords managing multiple properties across Washington, reporting features can audit compliance by tracking which tenants have installment plans in place and which have completed their three-month payment schedules.

Frequently Asked Questions

Q: Does RCW 59.18.610 apply to commercial properties or short-term rentals?

A: No. The statute applies only to residential tenancies under RCW 59.18 (the Residential Tenancies Act). Commercial leases and short-term rentals (less than 20 days) are excluded. However, some cities in Washington (like Seattle) have passed additional local protections for vacation rental hosts; check your city's code.

Q: Can I charge a security deposit in addition to other move-in fees, and do both fall under the installment requirement?

A: Yes. Under Washington law, the security deposit is a move-in cost and subject to the installment requirement. You can charge additional non-refundable fees (pet fees, administrative fees, etc.), and all of these amounts combined must be offered in installments. The total move-in cost is divided equally by three months, not just the security deposit.

Q: If a tenant pays an installment late, can I charge a late fee?

A: The statute explicitly prohibits charging interest or fees specifically for the installment election. However, if your lease includes a general late rent/payment fee provision, you may be able to apply it to overdue installments. Consult a Washington attorney before doing so; the enforceability of late fees on installments is not clearly settled in case law. To be safe, avoid charging late fees on installments and treat non-payment as a lease violation warranting notice to perform.

Q: What if the tenant breaks the lease during the installment payment period? Do I still collect the remaining installments?

A: Yes, unless the remaining installments have been fully earned and credited. If a tenant breaks a lease in month 2 and owes $300 for month 2 and $300 for month 3, both amounts are still due as part of the lease obligation. However, the security deposit may be subject to deductions for damage or unpaid rent, reducing the amount returned to the tenant. Consult a Washington attorney for the interaction between installment plans and early lease termination.

Q: Does the installment plan requirement apply to rent increases or lease renewals?

A: No. RCW 59.18.610 applies only to move-in costs charged before occupancy begins. Rent is excluded. Lease renewals are treated as new tenancies under Washington law, so the installment requirement applies to any new move-in costs charged at renewal (such as a new pet deposit if the tenant now has a pet). However, if no new move-in costs are charged at renewal, there is nothing to installment.

Updated Regulatory Landscape: 2024-2026 Changes

Since SB 5961 took effect in June 2024, Washington tenant advocacy organizations have filed complaints alleging landlord violations, and the Office of the Tenant Advocate has received inquiries about implementation. As of October 2026, there have been no published enforcement actions or clarifying amendments to RCW 59.18.610, but landlords should monitor:

• Washington Attorney General enforcement actions for pattern violations
• Unpublished court decisions in tenant-landlord disputes citing the statute
• City-level ordinances in Seattle, Tacoma, or other large cities that may impose stricter move-in cost limits (e.g., Seattle's limits on move-in costs to 1.75× monthly rent)

The statute remains in effect with no sunset date and applies to all new residential tenancies.

Key Takeaway: Know Before Your Tenant's Attorney Does

Violations of RCW 59.18.610 carry penalties of up to $4,000 per violation, plus attorney fees, plus actual damages. A single tenant lawsuit can cost tens of thousands of dollars. The compliance burden—creating a written disclosure and allowing equal installment payments—is minimal compared to litigation risk.

Landlords should incorporate move-in fee installment disclosure into every lease, document the installment calculation, and train themselves or their property managers on the policy. This is now table stakes for legal Washington landlord operations.

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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 for guidance specific to your situation. Tenant laws change frequently, and this article reflects the law as of October 2026.