Washington Residential Lease Agreement

WASHINGTON RESIDENTIAL LEASE AGREEMENT
(LEASE FOR TERM OR MONTH-TO-MONTH)

THIS LEASE AGREEMENT (“Agreement” or “Lease”) is made and entered into this _____ day of _________________, 20_____, between ____________________________________________________________, whose address is ____________________________________________________________ (“Landlord”) and ____________________________________________________________ (“Tenant”).

WHEREAS, Landlord leases to Tenant, and Tenant leases from Landlord, the (the single family home) (apartment #_____) (condominium unit #_____) (townhouse unit #_____) in ________________________ County, Washington, such real property having a street address of ____________________________________________________________ (the “Premises”) on the terms and conditions as contained herein; and

NOW, THEREFORE, for and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:

1. TERM. This Agreement shall commence on ________________________ (“Commencement Date”). [check either (a) or (b)]:

_____ (a) Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) ___________________ at 11:59 PM. Upon termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new, written, and signed agreement; or (ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent. If Landlord accepts from Tenant new Rent, a month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures specified in paragraph 1(b). Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.

_____ (b) Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

Notice of Rent Increase. An increase in Rent may become effective at the end of the Term. Under RCW 59.18.140, Landlord must provide a minimum of sixty (60) days prior written notice to Tenant of an increase in Rent, except for subsidized tenancies where the amount of Rent is based on Tenant's income, in which case a minimum of thirty (30) days prior written notice is required.

2. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement including any Late Charge. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord ____________________________________________________________ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period.

Under RCW 59.18.063, Landlord must accept personal checks, cashier's checks, or money orders for Rent,  except  if Tenant has had a personal check returned for non-sufficient funds or account closure in the past nine (9) months. Upon Tenant's request, Landlord must provide a receipt for non-cash payments. Landlord may choose not to accept cash, but if Landlord accepts cash, Landlord must provide a written receipt for it. Payment shall be made to Landlord under the following name and address:
____________________________________________________________
____________________________________________________________

3. SECURITY DEPOSIT. As security for the performance of Tenant's obligations under this Agreement, Tenant shall deposit with Landlord the sum of ____________________________________________________________ DOLLARS ($______________). Landlord is required to provide the Tenant with a written receipt for the security deposit, and Tenant acknowledges having received said written receipt.

Depository Trust Account. The Landlord shall promptly deposit all moneys received as security deposit in a trust account, maintained by the Landlord for the purpose of holding such security deposits for tenants of the Landlord, in a Financial Institution or licensed escrow agent located in Washington. The term "Financial Institution" is defined as the state and national banks and trust companies, state and federal savings banks, state and federal savings and loan associations, and state and federal credit unions located in Washington state. Following the notice requirements of RCW 59.18.270, the name of the Financial Institution is ____________________________________________________________ and its full address is ____________________________________________________________. Landlord shall be exclusively entitled to receipt of interest paid on such trust account deposits, which shall not be provided, shared, or credited to Tenant.

Transfer of Status. If during the tenancy, the status of the Landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor Landlord, and the successor Landlord shall promptly notify the Tenant of the transfer and of the name, address, and location of the new depository.

Return of Security Deposit. Within twenty-one (21) days after the termination of the Agreement and vacation of the premises, or if Tenant abandons the Premises, within twenty-one (21) days after Landlord learns of the abandonment, Landlord shall provide Tenant with a full and specific statement of the basis for retaining any of the security deposit together with the payment of any refund due to Tenant under the Agreement. Landlord shall not withhold any portion of the security deposit on account of normal wear and tear resulting from ordinary use of the Premises. Landlord complies with this section if the required statement or payment, or both, are delivered to Tenant personally or deposited in the U.S. mail, properly addressed to Tenant's last known address with first-class postage prepaid within twenty-one (21) days.

4. CONDITION OF PREMISES. Other than the items noted pursuant to paragraph 3, if any, Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.

5. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of ____________________________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

6. ASSIGNMENT, SUBLEASING, AND SUBLETTING. Tenant may not assign Tenant’s interests under this Agreement, sublease or sublet any portion of the Premises, or grant any license to use any portion Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, sublet, or license all or any portion of Tenant’s interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this paragraph shall include but are not limited to subleasing or subletting through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. A consent by Landlord to one such assignment, subleasing, subletting, or license is not consent to any subsequent assignment, subleasing, subletting, or license.

7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.

11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing,  unless otherwise agreed in writing  Tenant shall:

(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

(c) Not obstruct or cover the windows or doors;

(d) Not leave windows or doors in an open position during any inclement weather;

(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

(g) Not leave the Premises unoccupied for any prolonged duration.

(h) Keep all air conditioning filters clean and free from dirt;

(i) Ensure that all bathroom fixtures, plumbing, and water systems are in good condition and functioning properly; use these systems only for their intended purposes; and not allow any debris, waste, or substances to be disposed of in them. Tenant is responsible for any damage or repair costs caused by improper usage;

(j) Maintain order at all times, both within the Premises and in all places on the Premises, including among family and guests, and avoid making or permitting any loud or improper noises that might disturb other residents;

(k) Maintain the volume of all audio devices, such as radios, televisions, stereos, and entertainment equipment, at a level that does not disturb other residents;

(l) Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by Tenant;

(m) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;

(n) Not engage in smoking or the use of vapor-generating electronic devices, including, but not limited to, tobacco, marijuana, or cannabis (THC, CBD), within the interior or exterior boundaries of the Premises. Should Tenant breach this provision, Tenant shall be liable for all costs associated with the cleaning, restoration, deodorizing, abatement, repainting, or replacement of any affected ductwork, carpeting, vinyl flooring, or curtains that may be required as a result of such breach;

(o) Comply with and follow all rules and regulations that pertain to the Premises or the related common areas, as established and communicated by the Owners' Association having control over them;

(p) Upon termination and vacation, restore the Premises to their initial condition except for reasonable wear and tear.

12. SMOKE DETECTION DEVICES. Tenant shall be responsible for maintaining the smoke detection devices inside the Premises in accordance with the manufacturer's recommendations, including replacing batteries as required. Landlord confirmed that the smoke detection devices were operational before Tenant's occupation. Per RCW 43.44.110, failure to comply with this provision may result in a fine of up to $200 or $5,000 if a fire occurs and causes damage, injury, or death.

13. TENANT’S PERSONAL PROPERTY AND VEHICLE INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Owners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

14. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.

15. INSPECTION OF PREMISES; LANDLORD’S ACCESS. Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon and for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord has the right to enter the Premises without prior notice in the event of an emergency or if Tenant is absent from the Premises for a period of seven (7) or more consecutive days. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

16. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

17. TENANT’S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ____________________________________________________________ DOLLARS ($______________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.

18. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

19. ANIMALS. Tenant shall be entitled to keep no more than ____________ (_____) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of ____________________________________________________________ DOLLARS ($______________), ____________________________________________________________ DOLLARS ($______________) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.

20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

21. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant’s family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature.

22. DEFAULT. Landlord retains the right of re-entry of the Premises in the event of a material breach of this Agreement by Tenant. If such a breach occurs, Landlord may terminate this Agreement and regain possession of the Premises. Landlord's re-entry is accomplished through the legal process of eviction, which involves serving a complaint on Tenant and a subsequent court appearance and hearing. In addition, Landlord may seek Tenant's eviction for any other cause permitted under Washington state law. Eviction proceedings may conclude with Landlord's regaining possession of the Premises.

23. DAMAGES. Tenant shall be responsible for compensating Landlord for any damages incurred due to the Tenant's breach of this Agreement, which may include, but is not limited to, lost rent, the costs of preparing the Property for re-rental and a real estate broker's commission for finding a new tenant due to eviction or early termination of the tenancy.

24. LATE CHARGE. If any payment required of Tenant is not received by Landlord by the _______ day of the month, Tenant shall pay an additional fee of ____________________________________________________________ DOLLARS ($______________) to Landlord as a “Late Charge.” This Late Charge shall be added to the next installment of Rent due and shall be deemed as additional Rent. The Landlord shall have the same rights and remedies against the Tenant for failure to pay this additional Rent as the Landlord has for Tenant’s failure to pay the monthly Rent, including the right to commence eviction proceedings.

25. ABANDONMENT. Tenant abandons the Premises during the term of this Agreement, Landlord may obtain possession of the Premises through any legal means. In the event of a default in Rent payment by the Tenant and a clear indication through words or actions of Tenant's intention to not resume tenancy, Landlord shall make a reasonable effort to minimize damages resulting from such abandonment. Landlord, at Landlord's discretion, may act as agent for Tenant and relet the Premises, or any part thereof, for the remainder of the unexpired term. Landlord may receive and collect all Rent due from the new tenant, and, at Landlord's discretion, hold Tenant liable for any difference between the Rent that would have been payable under this Agreement and the net Rent received from the reletting.

 Tenant’s Abandoned Property. In the event of an abandonment of tenancy by Tenant and a concurrent default in Rent payment, Landlord may immediately enter the Premises and take possession of any property belonging to Tenant. The property may be stored in a secure location designated by Landlord. Landlord shall make reasonable efforts to provide Tenant with notice of the property's location, including the name and address of Landlord and the place of storage. The notice shall also inform Tenant of the potential for a sale or disposal of the property, the date of the sale or disposal, and Tenant's right to retrieve the property prior to such sale or disposal. Landlord may use the income from the sale of the property in accordance with RCW 59.18.310(2).

26. ATTORNEYS’ FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys’ fee.

27. GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Washington.

28. SEVERABILITY. If any provision of this Agreement or its application is found to be invalid or unenforceable for any reason, it shall not impact the enforceability of the remaining provisions of this Agreement or the enforceability of the invalid provision when applied to other individuals, entities, or circumstances, and such provision will instead be enforced to the maximum extent permitted by law.

29. SUCCESSORS AND ASSIGNS. The covenants, obligations, and conditions set forth in this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

30. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant.

31. CONSTRUCTION. The language used in this Agreement shall include, where appropriate, either gender or both, singular and plural forms.

32. NON-WAIVER. Any waiver, concession, or forbearance by Landlord shall not affect Tenant's obligations and liabilities under this Agreement.

33. MODIFICATION. This Agreement constitutes the full and complete understanding between the parties and may not be altered or amended in any manner except through a written agreement signed by both Landlord and Tenant.

34. SECURITY CAMERA USAGE DURING TENANCY. Landlord represents that any security cameras on or within the Premises, including but not limited to audio and video recording equipment, will be deactivated and not in use during the tenancy unless: (a) Tenant has exclusive access to and control over such cameras, and (b) Landlord and any other party does not have authorized access to such cameras. Landlord acknowledges that unauthorized access or use of the security system by Landlord or any other party during the tenancy may result in a violation of Tenant's privacy and may result in civil damages and criminal charges. This section does not apply to security cameras located in common areas of multi-family housing, such as entranceways, hallways, building exteriors, exercise areas, front desk or concierge areas, elevators, refuse rooms, athletic courts or fields, laundry rooms, or parking areas.

35. LEAD-BASED PAINT DISCLOSURE. This disclosure is applicable if the Premises was constructed prior to 1978. Tenant acknowledges receiving the EPA publication, “Protect Your Family From Lead In Your Home.” In addition, a fully executed copy of the document “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” has been signed by both Tenant and Landlord, as well as any applicable real estate broker, and is attached to and incorporated as a part of this Agreement.

36. RETURN OF KEYS. Tenant must return the keys to the Premises to Landlord when Tenant vacates the Premises.

37. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Landlord to:

________________________________________
[Landlord’s Name]

________________________________________
[Landlord’s Address]

________________________________________
[Landlord’s City, State, and Zip Code ]

________________________________________
[Landlord’s E-Mail Address]


If to Tenant to: 

________________________________________
[Tenant’s Name]

________________________________________
[Tenant’s Address]

________________________________________
[Tenant’s City, State, and Zip Code]

________________________________________
[Tenant’s E-Mail Address]

Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. The parties may provide a copy of any notice by e-mail as a courtesy.

38. ADDENDA. The terms set forth in the attached addenda or riders are made a part of this Agreement. [list titles of addenda:]

____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

39. ADDITIONAL PROVISIONS; DISCLOSURES.
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
[Landlord must note above any disclosures about the premises that may be required under Federal or Washington law.]

As to Landlord:

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

LANDLORD (“LANDLORD”):

Sign: _________________________________________ Print: _________________________________________

As to Tenant:
  
TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________

TENANT (“TENANT”):


Sign: _________________________________________ Print: _________________________________________