Wash. Rev. Code § 59.18 § 59.18.360
Exemptions.
Operative Text
A landlord and tenant may agree, in writing, to exempt themselves from the provisions of RCW 59.18.060 , 59.18.100 , 59.18.110 , 59.18.120 , 59.18.130 , and 59.18.190 if the following conditions have been met: (1) The agreement may not appear in a standard form lease or rental agreement; (2) There is no substantial inequality in the bargaining position of the two parties; (3) The exemption does not violate the public policy of this state in favor of the ensuring safe, and sanitary housing; and (4) Either the local county prosecutor's office or the consumer protection division of the attorney general's office or the attorney for the tenant has approved in writing the application for exemption as complying with subsections (1) through (3) of this section.
Washington's Residential Landlord-Tenant Act, at Wash. Rev. Code § 59.18.360, allows landlords and tenants to mutually opt out of certain statutory protections—those covering habitability, repairs, and related duties—but only under tightly controlled conditions. The exemption cannot appear in a standard-form lease, must reflect a genuinely equal bargaining relationship, must not undermine the state's public policy of ensuring safe and sanitary housing, and must receive written approval from a qualifying legal authority before it takes effect. Because all four conditions must be satisfied simultaneously, this type of exemption is expected to be rare and narrowly applied.
Plain English — not legal advice.
Under Wash. Rev. Code § 59.18.360, operators who wish to negotiate an exemption from specific habitability and maintenance provisions must ensure the agreement is separately drafted—not embedded in a standard lease—and that the tenant's bargaining position is genuinely comparable to their own. Before the exemption is valid, written approval must be obtained from either the local county prosecutor's office, the consumer protection division of the attorney general's office, or the tenant's own attorney confirming that the statutory conditions are met. Compliant operators document each of these steps carefully, since an exemption that skips any one of the four required conditions carries no legal effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Rev. Code § 59.18.360 means that a landlord cannot simply include a clause in a standard rental agreement waiving your rights to habitable conditions or timely repairs—any such waiver is void unless all four statutory conditions are independently satisfied, including written sign-off from a qualifying legal authority. If a landlord claims an exemption applies, tenants can examine whether it appeared in a standard-form lease, whether bargaining power was truly equal, and whether the required written approval was actually obtained. Tenant-rights organizations and legal aid offices can help evaluate whether a purported exemption under § 59.18.360 meets these strict requirements, and a documented failure to comply with any condition may be raised as a defense in a dispute.
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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