Wash. Rev. Code § 59.18 § 59.18.320
Arbitration -- Authorized -- Exceptions -- Notice -- Procedure.
Operative Text
(1) The landlord and tenant may agree, in writing, except as provided in *RCW 59.18.230 (2)(e), to submit to arbitration, in conformity with the provisions of this section, any controversy arising under the provisions of this chapter, except the following: (a) Controversies regarding the existence of defects covered in subsections (1) and (2) of RCW 59.18.070 : PROVIDED, That this exception shall apply only before the implementation of any remedy by the tenant; (b) Any situation where court action has been started by either landlord or tenant to enforce rights under this chapter; when the court action substantially affects the controversy, including but not limited to: (i) Court action pursuant to subsections (2) and (3) of RCW 59.18.090 and subsections (1) and (2) of RCW 59.18.160 ; and (ii) Any unlawful detainer action filed by the landlord pursuant to chapter 59.12 RCW. (2) The party initiating arbitration under subsection (1) of this section shall give reasonable notice to the other party or parties. (3) Except as otherwise provided in this section, the arbitration process shall be administered by any arbitrator agreed upon by the parties at the time the dispute arises: PROVIDED, That the procedures shall comply with the requirements of chapter 7.04A RCW (relating to arbitration) and of this chapter.
Washington's Residential Landlord-Tenant Act, at Wash. Rev. Code § 59.18.320, allows landlords and tenants to resolve most disputes arising under the Act through written arbitration agreements rather than going to court. However, certain controversies are carved out and cannot be sent to arbitration, including disputes about the existence of habitability defects (before any tenant remedy is applied) and situations where a court action—such as an unlawful detainer proceeding—has already been filed and substantially affects the dispute. When arbitration is pursued, the initiating party must give reasonable notice to the other side, and the process must follow both the agreed-upon arbitrator's procedures and Washington's general arbitration statute under chapter 7.04A RCW.
Plain English — not legal advice.
Under Wash. Rev. Code § 59.18.320, property owners and managers who wish to use arbitration as a dispute-resolution tool must first secure a written agreement from the tenant to do so. Compliant operators are mindful of the provision's exceptions—particularly that arbitration is unavailable once a court action such as an unlawful detainer has been filed and substantially affects the controversy. When initiating arbitration, landlords generally provide reasonable advance notice to the tenant and ensure the chosen arbitrator and procedures conform to chapter 7.04A RCW.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Rev. Code § 59.18.320 gives tenants the right to agree—or decline to agree—in writing before any dispute is sent to arbitration; a landlord cannot unilaterally compel arbitration under this provision. Tenants should be aware that certain disputes, including those involving habitability defects before a remedy has been applied and matters already before a court, are explicitly excluded from arbitration under this section. Tenants who have questions about whether an arbitration agreement is valid or whether an exception applies may benefit from consulting a tenant-rights organization or reviewing the Washington State Attorney General's landlord-tenant resources.
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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