Breaking a Lease
A quick guide to understanding lease termination, tenant rights, and financial responsibilities under Washington State law.
This guide provides general information based on Washington’s Residential Landlord-Tenant Act (RLTA) and related state laws. It is intended for educational purposes only and does not constitute legal advice.
This guide is not a replacement for legal advice. If you need legal advice, please contact a lawyer or schedule a legal consultation through QLaw Foundation’s 2SLGBTQIA+ Legal Clinic.
Breaking a Lease in WA State
As a tenant in Washington, there are four legal ways to break a lease:
Military Service
Under RCW 59.18.200, active duty military who receive orders for permanent change of station or deployment have the legal right to break their lease.
Failure to Remedy
Under RCW 59.18.090, landlords who don’t fix defective conditions in the rental unit are at risk of tenants legally ending their lease early. In Washington, these defective conditions are considered uninhabitable and unsafe living conditions:
Pest problems • Mold and mildew • Lead paint • Electrical or plumbing problems • Fire hazards • Heating and cooling issues
Domestic Violence, Stalking, or Assault
Under RCW 59.18.575, victims of stalking, domestic violence, or sexual assault can end rental agreements without penalty from their landlord.
Abuse or Threatening Behavior from Another Tenant
Under RCW 59.18.352, a tenant may terminate their lease if another tenant or roommate threatens the tenant with a deadly weapon or is arrested for threatening the tenant.
If you break a lease with roommates, you will likely still be considered a party to the lease. This means that, even though you don’t live there, you could still be responsible for non-paid rent or be a party to an eviction lawsuit, if one is filed. When breaking a lease with roommates, it is best practice to do the following:
- Send all communications to your landlord in writing.
- Send letters and documentation by certified mail with return receipt requested.
- Notify the landlord that you are vacating the premises, giving at least 20-days notice, in writing, and request to have your name removed from the lease.
- If the landlord does not remove your name from the lease, document your removal from the household in writing and ask your former roommates to sign it to show you have vacated the premises. Send a copy to your landlord via certified mail with return receipt.
If a tenant breaks their lease, a landlord may continue to charge the tenant rent until the landlord is able to rent the unit to another tenant. If the landlord is required to rent the unit at a lower rate than what is stated in the lease, the tenant who broke the lease could be charged the difference for the remainder of the lease period. The landlord may also charge the tenant for actual advertising costs to mitigate their damages under RCW 59.18.310. Tenants may work with the landlord to advertise the unit or rent to someone they know to save money.
In some situations, the landlord may attempt to withhold the tenant’s deposit or charge them a termination fee. However, under RCW 59.18.310, the landlord can only mitigate the damages caused when the tenant broke the lease. These damages include lost rent and cost of advertising to rent the unit. The landlord may not penalize the tenant beyond the mitigation of these damages.
There may be other reasons why a tenant needs to break a lease, such as health concerns, concerns about safety and security, noise issues, and ongoing issues with neighbors.
While these issues can be serious, the Landlord Tenant Act does not explicitly allow tenants to break their lease for these reasons. Tenants may enter into an agreement with their landlord to break their lease for these reasons. Tenants should get this agreement in writing and signed by their landlord, agreeing upon a mutual termination of the lease that releases the tenant from any further financial obligation and guarantees a return of the deposit according to the terms set out in the lease.
When breaking a lease, follow the steps below to minimize and avoid financial penalties:
- Read your lease agreement.
Review and understand all of the terms of your lease. Note any penalties, fees, or notice requirements.
- Determine the legal reason.
Decide on what grounds you think terminating your lease agreement is appropriate. Be prepared to provide documentation.
- Communicate.
Write a letter to your landlord, clearly stating why you’re breaking your lease. Include a date you plan to move out. Send all communication and documentation via certified mail with return receipt.
- Negotiate.
You may be able to find a new tenant for them or pay a fee to get out of your lease agreement early.
Document everything, including unsafe and uninhabitable conditions, all communications and interactions, and photographs. Send all communications via certified mail with return receipt.
Month-to-Month Lease Agreement
A month-to-month agreement does not include specific time limitations and can be a verbal agreement or in writing. If there is a deposit or non-refundable fee involved, it must be in writing and include the terms under which the money is refundable. In a month-to-month agreement, the tenancy continues until one party gives the other party notice to vacate or terminate tenancy of 20-days written notice prior to the date rent is due.
Fixed Term Lease Agreement
Fixed term lease agreements are for a specific period of time and must be in writing. One-year leases are very common types of fixed term lease agreements.
Under RCW 59.18.210, leases over 12 months must be notarized in order to be valid. Leases also restrict the landlord from increasing the rent or changing the rules of tenancy during the fixed term. Tenants are required to follow the conditions of the lease agreement for the full term or face penalties.
RCW 59.18.220 states that the tenancy ends at the end of the stated lease term in the lease agreement. A lease expires at the end of the lease term unless the lease agreement states otherwise. Typically, a one-year lease may contain language that converts the tenancy to month-to-month lease agreement at the end of the stated lease term. This means that, for a tenant whose lease does not have language automatically extending its term, neither party needs to give written notice, and the tenant must either move out or negotiate a new term with the landlord.
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