What A Lease Cannot Say
RCW 59.18.230 — the provisions no rental agreement may contain, and up to two times the monthly rent in damages
- Waiving or forgoing rights or remedies under the chapter.
- Waiving the right to bring or join a cause of action against the landlord, class actions included.
- Signing a nondisclosure agreement about the lease or the offer, including rent, deposits, fees or concessions.
- Authorizing a confession of judgment.
- Paying the landlord's attorneys' fees, except as the chapter authorizes and a court awards.
- Excusing or limiting the landlord's liability under law, or indemnifying the landlord.
- Arbitration, unless the landlord pays the entire cost and the agreement is notarized.
- Late fees for rent paid within five days of its due date.
- Paying rent through electronic means only.
Those are among the provisions the section lists.
Damages. A prohibited provision is unenforceable. If a landlord knowingly uses an agreement containing one, the tenant may recover actual damages, statutory damages not to exceed two times the monthly rent, costs of suit, and reasonable attorneys' fees.
No lien on belongings. A clause creating a lien on the tenant's personal property, or authorizing distress for rent, is void. A landlord who takes the tenant's property without specific written consent and refuses to return it promptly after written demand is liable for its value and actual damages, and for an intentional refusal up to $500 per day, not to exceed $5,000.
Whether a particular clause is enforceable, and what follows if a landlord relies on one, are questions for a licensed Washington attorney.
Sources for this section (1)
- RCW 59.18.230 — Waiver of chapter provisions prohibited; provisions prohibited from rental agreement; distress for rent abolished
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.