Wash. Rev. Code § 59.18 § 59.18.253
Deposit to secure occupancy by tenant -- Landlord's duties -- Violation.
Operative Text
(1) It shall be unlawful for a landlord to require a fee or deposit from a prospective tenant for the privilege of being placed on a waiting list to be considered as a tenant for a dwelling unit. (2) A landlord who charges a prospective tenant a fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit, after the dwelling unit has been offered to the prospective tenant, must provide the prospective tenant with a receipt for the fee or deposit, together with a written statement of the conditions, if any, under which the fee or deposit may be retained, immediately upon payment of the fee or deposit. (3) A landlord may not request a fee or deposit to hold a dwelling or secure that the prospective tenant will move into the dwelling unit in excess of twenty-five percent of the first month's rent as described in RCW 59.18.610 (4). (4)(a) If the prospective tenant does occupy the dwelling unit, then the landlord must credit the amount of the fee or deposit to the tenant's first month's rent or to the tenant's security deposit. If the prospective tenant does not occupy the dwelling unit, then the landlord may keep up to the full amount of any fee or deposit that was paid by the prospective tenant to secure the tenancy, so long as it is in accordance with the written statement of conditions furnished to the prospective tenant at the time the fee or deposit was charged. (b) A fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit under this subsection does not include any cost charged by a landlord to use a tenant screening service or obtain background information on a prospective tenant. (c) A portion of the fee or deposit may not be withheld if the dwelling unit fails a tenant-based rental assistance program inspection by a qualified inspector as defined in RCW 59.18.030 . If the inspection does not occur within ten days from the date of collection of the fee or deposit or a longer period of time that the landlord and tenant may agree upon, the landlord may notify the tenant that the dwelling unit will no longer be held. The landlord shall promptly return the fee or deposit to the prospective tenant after the landlord is notified that the dwelling unit failed the inspection or the landlord has notified the tenant that the dwelling unit will no longer be held. The landlord complies with this section by promptly depositing the fee or deposit in the United States mail properly addressed with first-class postage prepaid. (5) In any action brought for a violation of this section, a landlord may be liable for the amount of the fee or deposit charged. In addition, any landlord who violates this section may be liable to the prospective tenant for an amount not to exceed two times the fee or deposit. The prevailing party may also recover court costs and a reasonable attorneys' fee.
Washington law under Wash. Rev. Code § 59.18.253 sets clear rules around fees and deposits collected before a tenancy begins. Landlords are prohibited from charging any fee simply to place a prospective tenant on a waiting list, and any holding deposit or fee charged after a unit is offered cannot exceed 25% of the first month's rent. When a fee is collected, the landlord must immediately provide a receipt and a written statement of the conditions under which the fee may be kept. If the prospective tenant moves in, the fee must be credited toward the first month's rent or security deposit; if not, the landlord may retain it only in accordance with the written conditions provided at the time of collection.
Plain English — not legal advice.
Under Wash. Rev. Code § 59.18.253, compliant operators do not charge any fee or deposit merely for placing an applicant on a waiting list. When a holding deposit or fee is collected after a unit has been offered, operators keep it at or below 25% of the first month's rent and immediately issue a receipt along with a written statement specifying any conditions for retention. If the prospective tenant moves in, the amount is credited to the first month's rent or security deposit; if the unit fails a tenant-based rental assistance inspection, the fee is returned promptly, and operators document compliance by mailing the refund via first-class mail.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Rev. Code § 59.18.253 gives prospective tenants the right to receive a receipt and a written statement of conditions the moment any holding fee or deposit is collected, and that fee cannot exceed 25% of the first month's rent. If a landlord violates this section — for example, by charging a waiting-list fee, withholding a deposit without a proper written basis, or failing to credit the amount toward move-in costs — the law provides that the landlord may be liable for the amount of the fee plus up to two times that amount as an additional penalty, along with court costs and reasonable attorneys' fees. Prospective tenants who believe their rights under § 59.18.253 have been violated may consider consulting a tenant-rights organization or exploring small claims court as potential enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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