Washington State tenant screening and landlord-tenant law

Washington's RCW 59.18.257 does not set a specific dollar cap, but it tightly regulates the process: a landlord must disclose screening criteria in writing before collecting any fee or deposit, may only charge an amount that reflects the landlord's actual cost for the specific screening performed, must refund any unused portion (with an itemized receipt), and generally cannot charge multiple applicants for the same unit at the same time beyond what's needed to fill it. Landlords must keep those receipts and provide them on request.

Washington has one of the more detailed statewide "fair chance" housing laws in the country. RCW 59.18.630 generally prohibits landlords from: advertising that people with criminal records will not be considered; requiring disclosure of, inquiring about, or taking adverse action based on arrests not leading to conviction; considering convictions that have been vacated, sealed, or pardoned; or considering juvenile records at all. Landlords generally cannot inquire into criminal history until after determining the applicant is otherwise qualified, and even then may only consider specific criteria tied to safety and the type of housing. There are narrow carve-outs, including for sex-offense registrants and certain federally subsidized housing where a background check is legally mandated. Given the technical detail of this statute, landlords should review its current full text or consult counsel before finalizing a criminal-history policy.

RCW 49.60.222 makes it a statewide discriminatory practice to refuse to rent, or to represent a unit as unavailable, based on an applicant's "source of income" — defined to include income from a lawful profession, government or nonprofit assistance program, or housing voucher (such as Section 8). Landlords do generally retain a limited ability to apply consistent, lawful income/rent-to-income ratio screening as long as it doesn't functionally exclude voucher holders because of the voucher itself.

Federal FCRA §615 sets the baseline pre-adverse-action and adverse-action notice requirements. Washington's RCW 59.18.257 adds a state-specific layer requiring written notice to a rejected applicant (or one who isn't fully refunded), independent of FCRA's own notice requirements.

Washington does not cap the dollar amount of a security deposit under RCW 59.18, though some cities (Seattle in particular) impose their own limits. Under RCW 59.18.280, a landlord generally must return the deposit, or provide a full and specific written statement of any deductions, within 21 days after the tenancy ends and possession is returned. A landlord who fails to comply in bad faith may be liable for up to twice the amount wrongfully withheld, plus the tenant's court costs and attorney's fees.

Washington passed a statewide rent-increase cap effective mid-2025 under HB 1217: for most tenancies, annual rent increases are generally limited to 7% plus the percentage increase in CPI, capped at 10% total (whichever is lower), and landlords generally must give at least 90 days' notice of any rent increase (up to 120 days in the first year of tenancy or for larger increases), with distinct rules for manufactured/mobile home communities. Washington is also generally a "just cause" eviction state: RCW 59.18.650 requires landlords to have one of a specific list of statutory reasons to end most tenancies (such as nonpayment, lease violation, owner move-in, or sale of the property) — a landlord generally cannot simply decline to renew a tenancy without cause once it's been in place beyond the initial fixed term. Because state housing laws can change, confirm the current statutory text at the official source.

Seattle has extensive additional tenant-protection ordinances, including its own First-In-Time screening rule and additional fair-chance protections. Tacoma has adopted its own Rental Housing Code with additional tenant-relocation-assistance and just-cause requirements, and Spokane has also adopted local landlord-tenant regulations. Landlords should confirm the current details of any local ordinances in Tacoma and Spokane.

Washington's local government is organized into cities and counties; unincorporated areas of a county are generally governed by the same statewide RCW 59.18 and RCW 49.60 protections described above, without an additional city-level layer, unless the specific county has adopted its own tenant ordinance (some, like King County, have done so for unincorporated areas).

Does Washington cap the dollar amount of a screening fee? Not directly — state law instead requires the fee to reflect actual screening costs, requires written disclosure of criteria in advance, and requires refunding any unused portion.

Is source of income a protected class in Washington? Yes, statewide, including housing vouchers, under RCW 49.60.222.

Does Washington limit how landlords use criminal history? Yes — RCW 59.18.630 is a detailed statewide fair-chance housing law restricting when and how criminal history can be considered, including bans on considering non-conviction, vacated, sealed, or juvenile records.

Does Washington have rent control? As of 2025, yes in effect — HB 1217 caps most annual rent increases statewide (generally CPI + 7%, up to a 10% ceiling) and requires extended advance notice.

Checkr helps landlords and property managers run consistent, FCRA-compliant tenant background checks that account for state-specific rules like Washington's fair-chance housing law. Get started with Checkr to build a screening process that applies the same way to every applicant.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.