Key Takeaways
- Move-in fees may only be charged as installments if you provide a payment plan — RCW 59.18.610 prohibits lump-sum move-in fees; they must be offered in equal installments over the tenant's lease term
- Penalty for non-compliance is treble damages plus attorney fees — violating installment plan requirements exposes you to three times the unlawful fee amount, not just a refund
- Move-in fees are distinct from security deposits and last-month rent — this law applies specifically to "move-in fees" defined in RCW 59.18.610 and does not permit alternative structures to circumvent installment requirements
- Equal installments are mandatory — you cannot charge larger amounts in early months or structure payments unevenly without violating the statute
- Disclosure of the installment plan in writing is required — the lease or rental agreement must clearly state the total move-in fee, number of installments, and amount due each month
- This law applies to all residential tenancies in Washington — no exemptions for small landlords or specific property types; 2-75 unit portfolios are fully subject to RCW 59.18.610
What Is a Move-In Fee Under Washington Law?
Washington's definition of "move-in fees" is central to understanding RCW 59.18.610. A move-in fee is any charge imposed on a tenant as a condition of occupancy that is not a security deposit, last month's rent, or rent itself. This includes charges for:
- Non-refundable processing or application fees (though application fees have separate rules under RCW 59.18.257)
- Move-in inspection fees
- Key or lock replacement fees charged at move-in
- Administrative or documentation fees tied to lease execution
- Cleaning or turnover fees imposed on new tenants
- Pet fees (non-refundable components)
The critical distinction is that move-in fees cannot be collected in a single lump sum upfront. RCW 59.18.610 was enacted as part of SB 5961 in 2023 specifically to eliminate the practice of charging tenants hundreds or thousands of dollars immediately upon signing a lease.
This statute does not limit the total amount you can charge as a move-in fee—only the payment structure. You are free to charge $500, $1,500, or $3,000 in move-in fees, but you must spread that charge across the lease term in equal monthly installments.
RCW 59.18.610: The Statutory Requirement
The full text of RCW 59.18.610 requires that:
"Any fees, other than rent, security deposits, and last month's rent, that are charged to a tenant as a condition of occupancy shall be: (1) Nonrefundable; (2) Disclosed to the tenant in writing; (3) Limited in amount to no more than one month's rent; and (4) If a nonrefundable fee is required, it shall be deducted from future rent payments over the course of the lease term in equal installments, unless the tenant requests otherwise in writing."
This statute contains four distinct compliance requirements. Let's examine each one in detail.
Requirement 1: Nonrefundable Nature
Move-in fees must be designated as nonrefundable. This means you cannot:
- Deduct move-in fees from the security deposit if a tenant causes damage
- Return move-in fees if a tenant vacates early
- Recharacterize a move-in fee as a "refundable deposit" to circumvent the installment requirement
The nonrefundable designation also means you must keep the fee once collected, even if the tenant does not actually move in (provided the lease was executed). This is different from an application fee, which is typically refundable if the tenant is rejected.
Requirement 2: Written Disclosure
The move-in fee and the installment plan structure must be disclosed in writing to the tenant before the lease is executed. Washington courts interpret "disclosed" to mean the tenant must have a clear, written opportunity to review the terms before signing.
Minimum required disclosures include:
- The total move-in fee amount
- A statement that it is nonrefundable
- The number of monthly installments
- The amount of each monthly installment
- The month in which installments begin
- A statement that the installment will be deducted from rent or billed separately
Burying this information in a 20-page lease addendum or lease rider is generally insufficient. The disclosure should be clear and conspicuous—ideally in a separate section or addendum titled "Move-In Fees" or clearly highlighted in the main lease.
Requirement 3: Amount Limitation
Move-in fees are capped at one month's rent under RCW 59.18.610. If the monthly rent is $1,500, your move-in fee cannot exceed $1,500 total, regardless of how many installments you break it into.
This cap applies to the aggregate of all move-in fees. If you charge both a $400 processing fee and a $600 key replacement fee, the combined total cannot exceed one month's rent.
If a lease has an escalating rent structure (e.g., $1,400 year one, $1,500 year two), the "month's rent" is measured at the rate applicable to the month the fee is charged or the lease commencement, not at the peak rent rate.
Requirement 4: Equal Monthly Installments (Unless Tenant Opts Out)
The most frequently violated provision of RCW 59.18.610 is the equal installment requirement. The statute mandates that move-in fees "shall be deducted from future rent payments over the course of the lease term in equal installments, unless the tenant requests otherwise in writing."
What "equal installments" means:
- If a move-in fee is $1,200 and the lease is 12 months, each month's deduction must be exactly $100
- The installment amount does not change based on the rent amount, occupancy patterns, or other factors
- Installments must be spread across the entire lease term, not frontloaded into the first few months
The "tenant requests otherwise" exception:
A tenant may request a different payment structure in writing. This exception is tenant-initiated only. You cannot unilaterally offer an alternative structure and have the tenant "opt out" of equal installments. The tenant must affirmatively request it.
If a tenant requests a different structure in writing (e.g., paying the entire move-in fee in month one, or in unequal installments), you may accommodate the request, but you must retain the written request as proof of compliance. Without this written request, you are bound by the equal installment requirement.
How to Structure Move-In Fee Installments: Practical Steps
Self-managing landlords with 2-75 units need a repeatable process to ensure compliance with RCW 59.18.610. Follow these steps for every lease that includes a move-in fee:
Step 1: Calculate the Total Move-In Fee
Decide what move-in fees you will charge and ensure the total does not exceed one month's rent. Document this decision in your property management procedures.
| Fee Type | Amount | Nonrefundable? |
|---|---|---|
| Processing/Application | $200 | Yes (subject to RCW 59.18.257) |
| Key Duplication | $75 | Yes |
| Move-In Inspection | $125 | Yes |
| Total Move-In Fees | $400 | All nonrefundable |
In this example, if rent is $1,500/month, the $400 total is compliant with the one-month rent cap.
Step 2: Determine the Lease Term and Calculate Equal Monthly Installments
If the lease is 12 months and the move-in fee is $400, each installment is $400 ÷ 12 = $33.33 per month.
For odd-length leases (e.g., 13 months), divide the total by the number of months. If there is a remainder, you must round down for all months and either:
- Charge the remainder in the final month (e.g., $400 ÷ 13 months = $30.77/month for 12 months, then $30.80 in month 13), or
- Distribute the remainder evenly across all months (though this may create non-equal installments)
Washington courts have not issued detailed guidance on rounding. To be safe, disclose the exact method you will use in the lease.
Step 3: Write the Move-In Fee Disclosure in the Lease
Include a separate section or addendum with this language:
MOVE-IN FEE INSTALLMENT PLAN
Tenant agrees to pay a one-time, nonrefundable move-in fee of $[TOTAL AMOUNT] as follows:
This fee will be deducted from rent in equal monthly installments of $[INSTALLMENT AMOUNT] beginning on [START DATE] and ending on [END DATE]. The final installment is due on [FINAL MONTH]. This move-in fee is nonrefundable and will not be returned at the end of the lease term, regardless of the condition of the unit or the reason for lease termination.
If Tenant requests a different payment arrangement in writing, the parties may mutually agree to modify this schedule.
Tenant understands that this fee is separate from rent, security deposits, and last month's rent.
This language ensures the tenant cannot claim surprise or argue that the installment structure was unclear.
Step 4: Implement the Deduction in Your Rent Collection System
If you use a rent payment platform like LeaseBase Rent Payments, you can automate the deduction of move-in fees from rent each month. This eliminates the risk of forgetting to collect the installment or calculating it incorrectly.
If you collect rent manually, create a spreadsheet or ledger that shows:
- Tenant name and unit
- Total move-in fee
- Monthly installment amount
- Months during which deductions apply
- A checkbox for each month confirming the deduction was collected
Step 5: Provide Written Confirmation to the Tenant
Once the lease is executed, provide the tenant with a move-in statement or lease summary that shows the total move-in fee, the installment amount, and the deduction schedule. Keep a copy in your lease file.
When rent is paid with the move-in fee deducted, your rent receipt should clearly show:
- Base rent amount
- Move-in fee deduction (e.g., "-$33.33")
- Total amount due
Common Compliance Mistakes
Mistake 1: Charging Move-In Fees Upfront Without a Lease Term Deduction
Many landlords collect move-in fees as a separate check or payment before the lease begins. This violates RCW 59.18.610 unless the tenant has signed a lease agreeing to the installment plan.
Noncompliant example: "Give me a $500 move-in fee when you sign the lease, and I'll deduct it from rent if you stay." This is still an upfront lump sum.
Compliant example: "The lease includes a $500 nonrefundable move-in fee, which will be deducted from rent in equal monthly installments of $41.67 from [month] through [month]."
Mistake 2: Unequal Installments
Some landlords charge a larger move-in fee deduction in the first month and smaller amounts thereafter. This violates the "equal installments" requirement.
Noncompliant example: A $400 move-in fee deducted as $100 in month one, $75 in month two, $75 in month three, and $50 in months four through six.
Compliant example: A $400 move-in fee deducted as $33.33 in each of 12 months.
Mistake 3: Recharacterizing Move-In Fees as Pet Fees or Other Deposits
Some landlords attempt to bypass RCW 59.18.610 by calling a move-in fee a "pet deposit" or "damage deposit." Washington courts will look to the substance of the charge, not the label. If it is nonrefundable and charged as a condition of occupancy, it is a move-in fee subject to the installment requirement.
Note: Pet deposits that are actually refundable are not subject to RCW 59.18.610, as they are not move-in fees by definition.
Mistake 4: Not Disclosing the Installment Plan
If the lease does not clearly state the move-in fee and how it will be deducted, you have violated the "disclosure" requirement, even if you actually deduct it correctly from rent.
The tenant may argue they never agreed to the installment plan and demand a refund of the entire fee (plus treble damages).
Mistake 5: Failing to Document Tenant's Written Request for Alternative Payment
If a tenant asks to pay the move-in fee differently and you agree, you must retain their written request. Without it, you are presumed to be violating the equal installment requirement if the payments are unequal.
Penalties for Violation of RCW 59.18.610
Washington's tenant protection statutes are enforced through civil liability, not administrative fines (though the Washington Department of Labor and Industries may investigate some violations).
Treble Damages
The most severe penalty for violating RCW 59.18.610 is treble damages. This means the tenant can sue you for three times the amount of the unlawful move-in fee.
Example: If you charged a $500 move-in fee without offering an installment plan, the tenant can recover $500 × 3 = $1,500 in damages.
Treble damages apply regardless of whether the tenant actually paid the fee. The violation is the charging or collection of the fee in violation of the statute.
Attorney Fees and Costs
If a tenant sues and prevails, RCW 59.18.220 allows the court to award reasonable attorney fees and court costs to the winning party. This can add $2,000–$8,000+ to your liability, depending on the complexity of the case.
No Statute of Limitations Guidance Yet
Washington courts have not clarified whether tenants can sue for violations committed years after the lease ended. However, RCW 59.18.900 establishes a general six-year statute of limitations for most landlord-tenant claims. Assume a tenant can sue within six years of discovering the violation.
Move-In Fees vs. Application Fees: Different Rules
Washington distinguishes between move-in fees and application fees. Application fees are regulated separately under RCW 59.18.257 and have different rules:
| Feature | Application Fee (RCW 59.18.257) | Move-In Fee (RCW 59.18.610) |
|---|---|---|
| When charged | Before lease execution (during screening) | At lease execution or before move-in |
| Refundable? | Yes (if tenant rejected or declines) | No (nonrefundable) |
| Amount limit | Actual cost to screen (no amount cap) | One month's rent |
| Installment requirement | No | Yes (equal monthly installments) |
| Deducted from rent? | No | Yes |
Do not confuse these two fees. If you charge an application fee of $75 to screen a tenant and they are approved, that fee is kept (if the lease does not execute) or credited to move-in fees. If you then charge a $400 move-in fee, the move-in fee alone is subject to the installment plan requirement.
State-Specific Considerations: Washington vs. Other States
RCW 59.18.610 is more restrictive than the move-in fee rules in neighboring states:
- Oregon: Allows move-in fees but does not mandate an installment plan structure (ORS 90.235).
- Idaho: Does not cap or regulate move-in fees separately from security deposits.
- California: Limits move-in fees to one month's rent but does not mandate installments (California Civil Code § 1950.7).
If you manage properties in multiple states, ensure your lease and fee structure comply with Washington's more stringent requirements.
Documentation and Record-Keeping Best Practices
To defend yourself against a tenant's claim that you violated RCW 59.18.610, maintain detailed records:
Essential Documents to Keep
- Signed lease with move-in fee disclosure: Retain the original or certified copy showing the tenant's signature and date.
- Move-in statement: A document provided to the tenant at lease execution that itemizes all move-in fees, the installment amount, and the deduction schedule.
- Rent payment records: Receipts, bank statements, or rent ledgers showing the move-in fee deduction each month. If using a payment platform, retain monthly statements.
- Any written requests from the tenant: If the tenant requested a different payment arrangement in writing, keep that email or letter.
- Move-in condition report: Document the condition of the unit at move-in to show you did not confuse the move-in fee with a damage deposit.
Retain these records for at least six years after the lease ends (the statute of limitations for most claims).
Using a lease management platform like LeaseBase can automate record retention and ensure move-in fee deductions are tracked consistently.
Frequently Asked Questions
Q1: Can I charge a move-in fee higher than one month's rent if I spread it over a longer lease term?
A: No. RCW 59.18.610 explicitly limits move-in fees to "no more than one month's rent" in total amount. The length of the lease does not increase this cap. If rent is $1,500, your maximum move-in fee is $1,500, regardless of whether it is deducted over 12 or 24 months.
Q2: What if a tenant moves out before all move-in fee installments are collected? Can I bill them for the remaining balance?
A: Once you have designated a charge as a "move-in fee" subject to RCW 59.18.610, it is nonrefundable. If a tenant vacates after six months of a 12-month lease, you cannot bill them for the remaining six months of move-in fee deductions. The fee was nonrefundable from the moment it was charged. If you did not collect the full amount by the move-out date, that is your loss.
This is a key reason to ensure the installment amount is collected consistently each month before the tenant leaves.
Q3: Does RCW 59.18.610 apply to lease renewals or month-to-month tenancies?
A: RCW 59.18.610 applies to all residential tenancies, including renewals and month-to-month leases. If you are renewing a lease and want to charge a move-in fee (e.g., for a unit upgrade or new furniture), you must offer the fee as an installment plan over the renewal term. For month-to-month tenancies, you would deduct the fee over the number of months you specify, but this creates complexity and is not recommended.
Q4: Can I charge a move-in fee to a tenant who is relocating within the same building (e.g., from Unit 101 to Unit 102)?
A: Yes, if it is a new lease for the new unit. The new lease is a separate tenancy, and the move-in fee rules apply. The charge is incurred "as a condition of occupancy" of the new unit. You should provide a new move-in fee disclosure for the new lease.
Q5: If a tenant requests to pay the move-in fee in a lump sum after move-in, can I allow it?
A: Yes, but only if the tenant requests it in writing. RCW 59.18.610 allows a deviation from equal installments "if the tenant requests otherwise in writing." If the tenant sends you an email or letter asking to pay the $400 move-in fee in month one (instead of $33.33/month), you can accommodate it and remain compliant. Without the written request, you must stick to equal installments.
Staying Compliant Going Forward
Compliance with RCW 59.18.610 requires three things:
- Clear lease language that discloses the total move-in fee, the installment amount, and the deduction schedule.
- Consistent collection of the installment each month from rent or as a separate charge.
- Detailed record-keeping to show the tenant agreed to the installment plan and you collected it as promised.
Small mistakes—like failing to disclose the fee clearly, charging unequal installments, or losing documentation—can expose you to treble damages and attorney fees.
If you manage multiple units, consider implementing a systematic approach using your lease template and rent collection process. LeaseBase's Compliance Engine helps landlords track lease terms and fee structures across a portfolio, reducing the risk of violations across multiple units.
October 2026 is an ideal time to audit your existing leases. Review any leases signed in 2023 or later to ensure they comply with RCW 59.18.610. If you find noncompliant provisions, consult an attorney about how to remedy them with current tenants.
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, your lease agreements, or potential disputes with tenants. RCW 59.18.610 and related statutes may be updated or interpreted differently by Washington courts. Landlords must ensure their practices comply with current law.