Wash. Rev. Code § 59.18 § 59.18.285

Nonrefundable fees not to be designated as deposit -- Written rental agreement required -- Remedies.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/7/2026WashingtonLease Requirements

Operative Text

Wash. Rev. Code § 59.18 § 59.18.285
No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as nonrefundable fees. If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW 59.18.260 , 59.18.270 , and 59.18.280 .
Source: Legislative text reproduced verbatim
Plain English

Under Wash. Rev. Code § 59.18.285, nonrefundable fees collected by a landlord cannot be labeled as a deposit or included within any deposit. When a landlord charges a nonrefundable fee, the rental agreement must be in writing and must explicitly state that the fee is nonrefundable. If the written agreement is absent or fails to identify the fee as nonrefundable, the law treats the money as a refundable deposit subject to the deposit-return rules in RCW 59.18.260, 59.18.270, and 59.18.280, and the landlord may owe the tenant the full amount of any fees collected.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Wash. Rev. Code § 59.18.285 generally ensure that any nonrefundable charge—such as a pet fee or administrative fee—is never described as a deposit in any document or communication. A compliant operator puts the rental agreement in writing and includes clear, unambiguous language stating that each such fee is nonrefundable before collecting any funds. Operators who skip the written agreement or omit the nonrefundable designation risk being required to return those fees in full and having them reclassified as refundable deposits governed by the deposit-return statutes.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Wash. Rev. Code § 59.18.285, tenants have the right to receive a written rental agreement that explicitly identifies any nonrefundable fee as such before paying it. If a landlord collected a fee without a written agreement, or if the written agreement did not clearly label the fee as nonrefundable, that fee may be treated as a refundable deposit under Washington's deposit-return rules, and the landlord may be liable to return it. Tenants who believe this provision was not followed can document their payments and agreements, contact a local tenant-rights organization for general information, or explore filing a complaint or raising the issue as a defense in a relevant legal proceeding.

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.

Effective Timeline

Current
Oct 7, 2026
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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Oct 26, 2026, 07:26 AM UTC