Breaking a Lease in Washington: Landlord/Tenant Guide 2024

In Washington, breaking a lease is serious business for landlords and tenants. Every decision matters, and a solid grasp of the rules is essential.

It’s complex, but with the right information, you can navigate this situation successfully. TurboTenant has your back, covering all the legal intricacies and potential consequences of breaking a lease in Washington.

Here, you’ll gain step-by-step guidance to get you through this tough situation by providing the information you need to successfully break your lease with minimal financial damage.

Let’s start with the legal reasons for breaking a lease in Washington State — you may already have an out, though you must meet specific criteria to make it happen.

Legal Reasons for Breaking a Lease in Washington

Tenants and landlords must respect Washington Landlord-Tenant Laws when considering nullifying their rental contracts early.

As a tenant, there are only four acceptable reasons for breaking your rental contract in the State of Washington:

1. Military service: According to the Servicemembers Civil Relief Act (50 USC App § 535) and RCW 59.18.200, active-duty military personnel who receive orders for permanent change of station or deployment have the legal right to terminate their rental contracts.

Nevertheless, the process is not entirely straightforward, and strict protocols must be followed. Written orders and notice to the landlord are required.

2. Failure to remedy an unfit condition: RCW 59.1.090 states that landlords who don’t cure defective conditions in their rental are at risk of their tenants legally leaving their lease early.

In Washington, these defects usually fall under uninhabitable and unsafe living conditions. Some examples include:

• • Pest problems
  • Mold and mildew
  • Lead paint
  • Electrical or plumbing problems
  • Fire hazards
  • Heating and cooling issues

3. Domestic abuse, stalking, and sexual assault: RCW 59.18.575 cites that victims of stalking, domestic violence, or sexual assault in Washington can end their rental contracts without penalty from their landlord.

4. Abuse or threatening behavior by another tenant: While not as common, RCW 59.18.352 says that there are grounds to terminate your lease if another tenant or roommate makes threats with a deadly weapon or is arrested for threats against a tenant.

Tenants can invoke their rights to move out of a rental unit by providing proper notice to the landlord, as outlined in the lease agreement and state laws, and by fulfilling any outstanding financial obligations.

Landlords have a few circumstances in which they can legally nullify a lease in the State of Washington without incurring a penalty.

• Lease violations – Any violation of a provision in the lease may be grounds for the landlord to terminate the lease.

• Landlord needs – Believe it or not, your landlord can break their lease agreement in the State of Washington because they or their family need to occupy the unit, sell it, or need the occupant to vacate for demolition or construction.

• Illegal activity – Tenants must legally conduct themselves while occupying the rental.

How to Break a Lease in Washington Without Penalty

So, you’ve discovered plenty of legal reasons to break your lease in the State of Washington, but you may be wondering – how do I terminate my contract without incurring any penalties?

Here’s a step-by-step guide:

• Carefully Read Your Lease: First, you need to understand the terms of your lease. Sift through all provisions in your lease, and note any penalties, fees, or notice requirements. 

• Determine Legal Reason: Decide on what grounds you think nullifying your rental contract is appropriate under your lease agreement. Be prepared to provide documentation.

• Communicate: Carefully craft a letter to your landlord stating why you are breaking your lease. Be clear in your writing, and include a date you plan to move out.

• Negotiate: You may be able to find a new tenant for them or pay a fee to get out of your contract early.

Pro tip: Keep documentation of anything related to the lease and anything applicable to the situation, including receipts, correspondences, and notices.

How to Minimize Your Financial Responsibility When Breaking a Lease

Breaking a lease can hit your pocketbook hard if you don’t take the situation seriously. Here are several ways to minimize your financial risk:

• Subletting: If your lease permits, sublease the dwelling to a third party who can continue making payments.

• Finding a replacement tenant: Not always an option per your contract, but finding a replacement tenant can help you negotiate an early contract termination.
• Negotiate with your landlord: Landlords can be more accommodating than you think! Negotiate with them early to reduce penalties or willfully forfeit part of the rental deposit.

Pro Tip: The easier you make it for your landlord, the less likely they are to pursue rental penalties. Identify pain points and try to iron out those needs first.

Consequences of Breaking a Lease in Washington

It’s crucial to be well-informed and consider the potential outcomes before making any lease-related decisions.

Tenants: Potential Consequences

• Financial penalties: Your landlord may charge you for unpaid rent, advertising costs, and other expenses related to re-renting the unit.
• Credit score damage: Unpaid rent and fees can result in legal judgments that negatively impact your credit score, affecting your ability to secure future housing or loans.
• Eviction record: Even if you leave voluntarily, a formal eviction may be filed if you don’t follow proper procedures.
• Legal action: In certain situations, your landlord may sue you for damages and unpaid rent.

Landlords: Potential Consequences

As a landlord in Washington, you cannot terminate a lease early without a valid reason, such as a tenant’s lease violation. Potential consequences for doing so include:

• Financial penalties: You may be liable for damages incurred by the tenant, including the cost of finding a new residence, moving expenses, and any rent already paid for the remainder of the lease term.
• Legal fees: If the tenant takes legal action to enforce their rights, you may be responsible for their legal expenses.
• Reputation damage: Breaking a lease without justification can harm your reputation, making it harder to attract future tenants.
• Loss of future rent: If you cannot find a replacement tenant promptly, you’ll lose out on rental income.
• Eviction: In some cases, the tenant may be able to file a counterclaim for eviction, potentially resulting in the tenant receiving monetary compensation or reduced rent from you.

Enforcing Penalties for Breaking a Lease

Landlords in Washington have several options for enforcing penalties when a tenant breaks a lease. These include:

• Deducting penalties from the tenant’s security deposit:  Often, this is the most straightforward approach, but it may not cover all the costs incurred.
• Suing the tenant for breach of contract in small claims court: Avoid this if possible, as it is time-consuming.
• Reporting the tenant to a credit bureau: Save a future landlord the headache by putting this on their “permanent record.”
• Obtaining a court judgment against the tenant: Such action can result in wage garnishment or a lien on the tenant’s property.

To increase their chances of success in enforcing lease penalties, Washington landlords should:

• Execute a well-drafted Washington lease agreement: The agreement should clearly outline the penalties for breaking the lease, and landlords should know all its provisions.
• Give the tenant written notice of the penalties before they break the lease: This can help establish a clear understanding of the consequences and deter the tenant from breaking the lease.
• Keep detailed records of all communications with the tenant: any notices sent, responses received, and any attempts to mitigate damages.

Landlord Rights and Responsibilities

Washington State has specific laws governing landlord-tenant relationships, including lease termination.

Here’s a breakdown:

Landlord Rights

• Enforce lease terms: Similar to other states, landlords in Washington have the right to enforce the lease terms both parties signed at the beginning of the relationship.
• Evict tenants: Eviction is possible if a tenant violates lease terms or state law. However, the process is strict and must adhere to state regulations.
• Recover possession: Upon lease termination, the landlord can regain possession of the property.
• Charge fees: Per the lease agreement, landlords can charge fees for early termination or lease violations.

Landlord Responsibilities

• Written notice: A crucial difference in Washington is the mandatory 20-day written notice for month-to-month tenancies that landlords must provide tenants. This notice must be delivered before the end of the rental period. This notice period differs in certain Washington municipalities. For example, Seattle requires a 30 day advance written notice.
• Comply with state laws: Landlords must follow Washington’s landlord-tenant laws like other states.
• Return security deposit: The landlord must return the security deposit minus lawful deductions within 21 days of the tenant vacating the premises.
• Maintain habitability: The property must be habitable until the tenant vacates.
• Mitigate damages: If a tenant breaks the lease, the landlord must attempt to re-rent the unit to minimize financial loss.

More Considerations

• Specific reasons for termination: Washington law outlines specific reasons for termination, such as non-payment of rent, lease violations, and landlord or family occupancy. Make sure you know what grounds you’re terminating under.
• Security deposit laws: Washington has specific laws regarding how security deposits can be used, including itemized deductions.
• Seattle and Tacoma: These cities have different laws and TurboTenant features specific leases for these two cities.

Tenant Rights and Responsibilities

Tenants aren’t off the hook because their landlord isn’t playing by the rules. They have procedures to follow if they feel they have grounds for an early end to their rental contract.

Here are their rights and responsibilities:

Tenant Rights

• Right to notice: Tenants are entitled to receive proper written notice from the landlord regarding lease termination, specifying the reason and the date by which they must vacate the premises.
• Right to dispute termination: If a tenant believes the termination is unjustified, they have the right to dispute the reasons and potentially challenge the eviction process.
• Right to habitability: Even during the termination process, tenants have the right to live in habitable conditions.
• Right to security deposit return: In Washington State, tenants can receive their security deposit back within 21 days, minus any lawful deductions for damages or unpaid rent.
• Protection from retaliation: Tenants are protected from retaliation by the landlord for exercising their legal rights, such as complaining about housing conditions or organizing tenants’ rights groups.

Tenant Responsibilities

• Adhere to lease terms: Tenants must comply with all of the terms of the lease agreement, including paying rent on time, maintaining the unit, and respecting other tenants.
• Vacate premises: Upon lease termination, tenants must vacate the premises by the specified date.
• Return keys: Tenants must return all keys and access devices to the landlord.
• Pay Rent and Utilities: Tenants are responsible for paying rent and utilities until the move-out date.
• Leave the unit in good condition: Tenants should leave the unit reasonably clean and undamaged, except for normal wear and tear. Make sure to take detailed photos before vacating.

Specific to Washington State:

• Tenants have the right to withhold rent if the landlord fails to repair essential housing services, such as heat, water, or electricity, or if the landlord ignores significant safety or health-related maintenance issues.
• Washington has specific laws regarding security deposit returns; Landlords typically have 21 days to return the deposit or send a list of itemized deductions.

Preventing Tenants From Breaking The Lease

To deter tenants from breaking lease agreements, landlords should consider the following strategies:

• Thorough tenant screening: Conduct a comprehensive screening process before signing a lease to assess potential tenants’ reliability.
• Long-term leases with incentives: Offer extended lease terms with attractive incentives such as rent discounts or extended grace periods.
• Well-maintained property: Make sure the rental property is clean, well-maintained, and free from any issues that could lead to tenant dissatisfaction.
• Responsive communication: Create a system for promptly addressing tenant requests and concerns. Be approachable, professional, and attentive to their needs.
• Build positive relationships: Foster a positive relationship with tenants by actively engaging with them, being respectful, and prioritizing their well-being.

Effective communication is critical when promoting harmonious landlord-tenant relationships. Keep your talks positive, and work together for better results.

Legal Help for Landlords and Tenants

Washingtonians seeking legal assistance should refer to the resources listed near the bottom of our Washington Landlord-Tenant Laws page or consider visiting the following websites:

• Northwest Justice Project: Provides free legal information and resources for Washington residents with housing issues and connects those who qualify with low-cost and pro bono lawyers.
• WashingtonLawHelp: Offers free legal information and self-help resources for Washington residents with landlord/tenant disputes.
• Washington State Attorney General’s Office: Provides information and resources about landlord-tenant rights and responsibilities in Washington.

How TurboTenant Can Help

Of course, no landlord wants to deal with a broken lease. TurboTenant is the solution to help landlords avoid this unpleasant situation.

Here’s how TurboTenant can assist you:

1. Screen applicants:
   Quickly screen applicants who meet your criteria and can fulfill their financial obligations. When you put qualified tenants in your rental properties, you give yourself a better chance of not dealing with broken leases.
2. Generate lease agreements:
   Creates legally binding lease agreements that clearly outline the rules and responsibilities of both parties in just a few minutes. When everybody knows the score, there are fewer chances that a tenant will break their lease.
3. Market Properties:
   If a tenant breaks a lease, TurboTenant’s rental property marketing helps you get it back on the market in record time. With one click, TurboTenant syndicates listings to dozens of sites.
4. Collect On-Time Rent Payments:
   Offer digital rent payment options that make it easy for tenants to pay on time, reducing late payments and potential lease violations.

Sign up for a free TurboTenant account today. It’s free, and it will provide you with the necessary tools to avoid or alleviate lease-breaking headaches in the future.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.