Vacating

• RCW 59.18.200
• RCW 59.18.310
• Sample Letter: Notice of Intent to Vacate

Washington state law requires that month-to-month tenants give landlords at least 20 days’ written notice before vacating their units. If you are unsure about what kind of rental agreement you have, navigate to our Rental Agreements webpage for more details.

The landlord must receive written notice of your move-out date at least 20 days before the end of the rental period (the day before the rent is due). For example, if your rent is due on the first of July, and you plan to vacate during June, then the landlord must receive your written notice at least 20 days before the last day of June. Because there are 30 days in June, the landlord must receive your written notice by the 10th.

Be sure to get proof that you sent your notice to vacate by sending it certified mail and regular first class mail – and keep a copy for your records. If you do not give your landlord proper 20 days’ written notice, or if you stay longer than the date you gave notice for, your landlord can charge you for the following month’s rent.

If your rental agreement states that your rent is due on an irregular day of the month, such as the 15th, just count 20 days backward from the day before your rent is due to determine the day of the month that your notice must be received by the landlord. The 20-day period does not include any grace period you may be allowed before your rent is considered late.

Tenants on fixed-term leases, such as a six-month or one-year lease, are committed to living in the unit for the full lease period. Look to your rental agreement to see what the notice terms are. If there are no specific notice terms dictated there, RCW 59.18.220 states that the tenancy ends when the lease ends. It is still a best practice to always give your landlord some notice before you move out to let them know what your plans are.

Navigate to our Rental Agreements webpage for detailed information on breaking your lease. If you still hold the keys after the termination date, the landlord may claim that you are still in possession of the property and may charge you for the following month’s rent.

Be sure and get your landlord’s permission in writing if you need to stay longer than the day you gave notice for. If you stay past the day that you said you would vacate, even for a day, your landlord can charge you rent for the entire following month. Some landlords may agree to prorate the rent if you want to stay a few extra days, or if you want to move out sometime in the middle of the month, but they are not obligated to do so.

There is no law requiring that landlords prorate the rent for extra days or partial months that tenants occupy the unit, though many landlords agree to do so when tenants move in to units. If you do need to stay past your notice date, it’s a good idea to get a written agreement with your landlord stating the number of days you’ll be staying and agreeing on the amount you’ll be charged for those days.

Be sure to provide a valid forwarding address where your landlord can send your deposit accounting and refund. Also be sure to notify the post office of your forwarding address. If you don’t have a secure new address or do not wish to disclose your new address, you can provide the address of a reliable friend or relative.

Under RCW 59.18.280, your landlord is obligated to send your deposit statement within 21 days to your last known address. If you do not provide them with a new address for you, they may end up sending it to the unit you just vacated and it will not reach you unless you have your mail forwarded.

Landlords will often collect first and last months’ rent upon move-in. This money can only be used for rent and is not considered a deposit. If the rental agreement does not specifically state how tenants should apply their last month’s rent, then it is up to tenants to communicate with their landlord about it.

It is a good idea to send a letter the month you vacate asking your landlord to apply your last month’s rent, or include the letter in your notice to vacate. Keep in mind, however, that rent may be due by the 1st of the month, and tenants aren’t required to give notice to vacate until at least 20 days before the end of the rental period.

In cases where the tenant has already paid rent for the month in which they gave notice to vacate, they can ask their landlord for a refund of the last month’s rent payment. If the landlord does not comply, a tenant can write a demand letter for their money, or pursue Small Claims Court or other remedies for the return of the money.

Last month’s rent payments do appreciate in value over time, and the landlord does have the right to collect the difference. Let’s say you moved into a unit 3 years ago and paid $500 for your last month’s rent. If the rent had been raised over time to $650 a month by the time you moved out, your landlord could charge you the difference in the last month you live in the unit.

• RCW 59.18.130
• RCW 59.18.060

Tenants in Washington State are responsible for returning their unit to the condition it was in at the beginning of their tenancy, not including normal wear and tear. The Landlord-Tenant Act does not specifically define normal wear and tear. Tenants can argue that wear and tear will be greater over time, and that it includes all normal uses of the premises. For example, wear of carpeting in a unit where a tenant has lived for six years will most likely be greater than wear after only six months.

Tenants are responsible for repairing or covering the cost of repairs for any damage they or their guests caused to the rented premises, but they are not responsible for normal wear and tear. For example, if a carpet is worn after months or years of normal walking, but there are no damages to it, you can argue that it is just normal wear and tear. If the tenant spills something and stains the carpet, this can be considered damage.

Because wear and tear is not defined in landlord-tenant law, tenants can consult with an attorney if they think they are being charged for normal wear and tear or for damages they did not cause to the unit. See Guide to Damages and Normal Wear and Tear for more information. There also may be some move out requirements outlined in your lease. For instance, the rental agreement may require that the tenant have the carpets or blinds professionally cleaned.

It’s a good idea to get proof of any and all steps you take to clean the unit or repair damages, including receipts and invoices for cleaning services, carpet shampooing or repair receipts. For more detailed information on how you can protect your deposit, navigate to our Deposits webpage.

It’s a good idea for you to obtain thorough documentation of the condition you leave the unit in when you vacate. This will be your proof in case the landlord charges you for extra cleaning or damages you did not cause. One way to do this is to take detailed photographs of the unit before you leave. Put a copy of the day’s newspaper in each frame to prove the date it was taken (Small Claims Court judges may not accept camera or cell phone camera date stamps because they can be tampered with).

You can also ask the landlord to do a walk-out inspection with you, though they are not legally required to do so. It’s a good idea to get proof of any steps you take to clean the unit or repair damages, including receipts and invoices for cleaning services, carpet shampooing or other documentation. It is also a good idea, if possible, to have anyone who helped you move in come by to inspect the unit when you move out to confirm that you have fulfilled your duty of returning the unit in the condition you received it, ordinary wear and tear excluded.

Tenants are not responsible for pre-existing damage or damage caused by the landlord’s negligence. It is critical to document damages that you or your guests did not cause to the unit. Be sure to fully document the conditions of the unit when you first move in to have proof that you did not damage the unit. If you don’t document the condition of the unit when you move, you run the risk of receiving a bill for damages that you didn’t cause to the unit that you will have few options to contest.

The law requires that month-to-month tenants give landlords at least 20 days’ written notice before vacating their units. If you are unsure about what kind of rental agreement you have, navigate to our Rental Agreements webpage for more details.

The landlord must receive written notice of your move-out date at least 20 days before the end of the rental period (the day before the rent is due). For example, if your rent is due on the first of July, and you plan to vacate during June, then the landlord must receive your written notice at least 20 days before the last day of June. Because there are 30 days in June, the landlord must receive your written notice by the 10th. Don’t wait until the last minute to give notice to your landlord! Be sure to get proof that you sent your notice to vacate by sending it certified mail and regular first class mail, and keep a copy for your records.

If you do not give your landlord proper 20 days’ written notice, or if you stay longer than the date you gave notice for, your landlord can charge you for the following month’s rent.

If your rental agreement states that your rent is due on an irregular day of the month, such as the 15th, just count 20 days backward from the day before your rent is due to determine the day of the month that your notice must be received by the landlord. The 20-day period does not include any grace period you may be allowed before your rent is considered late.

Tenants on fixed-term leases, such as a six-month or one-year lease, are committed to living in the unit for the full lease period. Look to your rental agreement to see what the notice terms are. If there are no specific notice terms dictated there, RCW 59.18.220 states that the tenancy ends when the lease ends.

It is still a best practice to always give your landlord some notice before you move out to let them know what your plans are. Navigate to our Rental Agreements webpage for detailed information on breaking your lease. If you still hold the keys after the termination date, the landlord may claim that you are still in possession of the property and may charge you for the following month’s rent.

If you can, try to get your landlord’s written permission to stay longer. If you stay past the day that you said you would vacate, even for a day, your landlord can legally charge you rent for the entire following month. Some landlords will agree to prorate the rent if you want to stay a few extra days, or if you move out sometime in the middle of the month, but they are not legally obligated to do so. There is no law requiring that landlords prorate the rent for extra days or partial months that tenants occupy the unit.

If you do need to stay past your notice date, it’s a good idea to get a written agreement with your landlord stating the number of days you’ll be staying and agreeing upon the amount you’ll be charged for those days. If you move in the middle of the month, be sure to still provide 20 days’ notice of move-out for the following month in order to avoid being charged a full month of rent when you no longer live there.

Some landlords may agree to prorate your rent when you vacate, but they are not legally required to do so. If you vacate in the middle of the month, your landlord may legally charge you for the entire month’s rent. If you want to move out in the middle of the month, it’s a good idea to try to get a written agreement with your landlord stating the number of days you’ll be staying, and agreeing upon the amount you’ll be charged for those days.

If you do not give your landlord proper 20 days’ written notice, according to RCW 59.18.310, your landlord can charge you for the following month’s rent. If the landlord re-rents the unit right away, you could make the argument that the landlord doesn’t have the right to collect rent from more than one tenant on the same unit in the same month.

Yes. 20 days’ notice is the minimum requirement. The notice must be in writing.

Your 20 days’ written notice constitutes a commitment to the landlord that you will vacate the unit, but you may be able to negotiate with your landlord to allow you to stay longer in the unit. The landlord does not have to provide you with any extra time past the notice date. If you overstay, they can charge you rent for the following month or start eviction procedures. RCW 58.12.030(2) states that you would become a “holdover tenant” who has stayed beyond the end of your rental agreement. For more information, navigate to our Eviction webpage.

RCW 59.18.230 states that tenants cannot sign away their legal rights under the Landlord-Tenant Act in a rental agreement. Your contract may require 30 days’ notice or more, but it may be arguable that tenants can only be held to the 20 days’ notice legally required under state law in RCW 59.18.200. You may decide to give more notice, but only 20 days is required under the law.

Though tenants do have an argument that the landlord does not have the legal right to require they give 30 days’ notice to vacate, you may not want to take the risk that your landlord will try to charge you for the following months’ rent. It may be best to give 30 days’ notice anyway, if possible, to avoid the chance that your landlord charges you rent for the following month and sends you to collections or Small Claims Court. Speak to an attorney for additional information and advice on your specific situation.

RCW 59.18.220 states that the tenancy ends when the lease ends, unless the contract specifically rolls it over into a month-to-month tenancy, or the landlord offers the tenant a new rental agreement. Look at your lease for any specific notice provision that you may have agreed to. If your lease automatically becomes a month-to-month tenancy, you must give your landlord 20 days’ written notice before you vacate. It is still a good idea to give your landlord written notice that you are moving out.

Tenants on leases are committed to stay in the unit for the full term. If you break your lease, it is still a good idea to give your landlord written notice that you are vacating the unit before the end of the contract term. For more information on breaking your lease, navigate to our Rental Agreements webpage.

Be sure to notify the post office of your forwarding address. If you don’t have a secure new address, you can provide the address of a reliable friend or relative. Your landlord is obligated under RCW 59.18.280 to send your deposit statement within 21 days to your last known address or deliver it to you personally.

If you do not provide them with a new address, they may end up sending it to the unit you just vacated, and will it not reach you unless you have your mail forwarded. This can be a problem for tenants, because the landlord may have complied with their obligations by mailing the deposit accounting to the last known address, but the tenant never received it and assumes the landlord failed to deliver the refund statement. This might impact the tenant’s ability to argue the landlord failed to deliver the refund statement within the required 21 days. Navigate to our Deposits webpage for more information.

RCW 59.18.130 (10) requires that tenants return the unit to the condition they found it in when they moved in, not including normal wear and tear. There is no further legal definition of normal wear and tear in the Landlord-Tenant Act. There may also be some requirements outlined in your rental agreement. It’s a good idea to get documentation of the condition you leave the unit in, and get documentation of any steps you take to clean or repair the unit. Tenants can be charged for any damages they caused to the unit above normal wear and tear. For more information, navigate to our Deposits webpage.

Your landlord can only enforce rules and conditions of tenancy that are established in your rental agreement. If your contract required you to professionally clean carpets or blinds, then you agreed to those terms of the tenancy and can be held to those commitments. However, RCW 59.18.140 states that the tenant must conform to all “reasonable” rules and restrictions laid out by the landlord in the rental agreement. The tenant may be able to argue that the rule is unreasonable – for example, if the tenant is required to have the unit professionally cleaned by three different cleaning companies. Otherwise, the law requires tenants to return the unit to the condition it was in when they moved in, not including normal wear and tear.

If your landlord requires extra cleaning that was not agreed upon in the rental agreement, it is up to you to decide how to respond. While your landlord may not ultimately be able to enforce those requirements legally, they may still attempt to charge you for not doing those things after you move out, or may take those costs out of your deposit. Navigate to our Deposits webpage for further information and ideas on how to handle those charges or negotiate with your landlord to avoid extra charges.

The Landlord-Tenant Act does not require that your landlord do a walk-out inspection with you, though you certainly can ask them to do one. It’s a good idea to get thorough documentation of the condition you leave the unit in, even if your landlord won’t inspect the unit before you move out. They are required to complete a move-in checklist with the tenant at the beginning of tenancy.

One way to get documentation is to take detailed photographs of the unit before you leave. Putting a copy of the day’s newspaper in each frame will prove the date it was taken (Small Claims Court judges may not accept camera date stamps because they can be tampered with).