WA · Renter law
Which lease clauses are illegal in Washington State?
Washington’s Residential Landlord-Tenant Act spells out a long list of terms no lease may include, and a landlord who knowingly uses them can owe up to two months’ rent. Here’s what each one looks like.
Updated October 15, 2026 · 9min read · How we check the law
The short answer
In Washington, a lease can’t charge a late fee for rent paid within five days of the due date, require rent to be paid only electronically, waive your right to sue or join a class action, require a nondisclosure agreement, or make you pay the landlord’s attorney’s fees outside what the Act allows. Rent increases need 90 days’ written notice and can’t take effect mid-lease (Wash. Rev. Code §§ 59.18.170, 59.18.230, 59.18.140).
Below are 10 lease clauses that Washington law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.
10 lease clauses that break Washington law
1. A late fee within five days of the due date
“Rent is late if not received by the 1st. A $75 late fee applies on the 2nd.”
2. Rent only through an online portal
“All rent must be paid electronically through the resident portal. Checks will not be accepted.”
3. Class-action waivers, NDAs and landlord legal fees
“Tenant waives the right to participate in any class action, agrees to keep the terms of this Lease confidential, and shall pay Landlord’s attorney’s fees.”
If a landlord knowingly uses a lease with these terms, you can recover actual damages, up to two months’ rent, costs and attorney’s fees.
4. Excusing the landlord’s own negligence
“Tenant shall hold Landlord harmless for any injury on the Premises, including injury caused by Landlord’s negligence.”
5. Calling part of the deposit “non-refundable”
“$300 of the security deposit is non-refundable.”
6. Automatic carpet-cleaning or repainting charges
“A professional carpet cleaning fee of $250 will be deducted from the deposit at move-out.”
7. Taking a deposit with no move-in checklist
“Tenant accepts the Premises in its present condition. No inspection report will be provided.”
8. Requiring all move-in costs in one lump sum
“The security deposit, all fees, and last month’s rent are due in full before keys are released.”
9. Entry without two days’ written notice
“Landlord may enter at any time upon verbal notice.”
10. A rent increase on 30 days’ notice or mid-lease
“Landlord may increase rent upon 30 days’ written notice.”
Legal in Washington, even if it feels unfair
It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in Washington:
- A deposit larger than one month’s rent. Washington sets no maximum deposit. The written-lease, checklist and return rules apply to a deposit of any size. (Wash. Rev. Code § 59.18.260)
- A late fee of any size after day five. State law sets the five-day rule but no cap on the amount. Some cities, including Seattle and Tacoma, set their own limits. (Wash. Rev. Code § 59.18.170)
- A ban on subletting. Washington gives tenants no statutory right to sublet, so a no-sublet clause is enforceable. The landlord must still give written notice and 10 days to cure before treating a breach as grounds for eviction. (Wash. Rev. Code § 59.12.030)
If your lease has one of these clauses
Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with Washington law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.
After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.
If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.
Questions renters ask
Is there a security deposit limit in Washington?
No statewide cap. But the landlord needs a written lease and a signed move-in checklist to collect a deposit at all, and on your written request must let you pay deposits, fees and last month’s rent in installments in most cases.
When can a Washington landlord charge a late fee?
Only after rent is more than five days past due. State law sets no cap on the amount, though Seattle, Tacoma, Auburn and Redmond have their own late-fee rules.
How much notice does a Washington landlord need to raise the rent?
At least 90 days’ written notice, and the increase can’t take effect before the current lease term ends. State law also limits how much rent and recurring charges can go up in a 12-month period.
Sources & statutes
- Wash. Rev. Code § 59.18.170 (official text)
- Wash. Rev. Code § 59.18.230 (official text)
- Wash. Rev. Code § 59.18.063 (official text)
- Wash. Rev. Code § 59.18.285 (official text)
- Wash. Rev. Code § 59.18.280 (official text)
- Wash. Rev. Code § 59.18.260 (official text)
- Wash. Rev. Code § 59.18.610 (official text)
- Wash. Rev. Code § 59.18.150 (official text)
- Wash. Rev. Code § 59.18.140 (official text)
- Wash. Rev. Code § 59.12.030 (official text)
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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.