How to Transfer Your Lease to a New Tenant in Washington
If you need to move out of your rental before your lease ends in Washington, transferring your lease (sometimes called "lease assignment" or "subletting") can help you avoid early termination fees and keep a good rental history. This process involves having a new tenant take over your responsibilities under the original lease agreement. Here’s what renters in Washington need to know to do this legally and smoothly.
Understanding Lease Transfers in Washington
In Washington, a lease transfer typically means you assign your entire lease to someone else (called an "assignee") who will take over your rental obligations. Alternatively, you may be allowed to sublet, meaning you bring in a new tenant but remain legally responsible unless released by your landlord. Both processes require following certain legal steps set by the Washington Landlord-Tenant Act.
Assignment vs. Subletting: What's the Difference?
- Assignment: You fully transfer your lease, and the new tenant deals directly with the landlord. After a proper assignment, you are typically released from future liability if your landlord consents.
- Subletting: You bring in a new renter under a separate agreement. You remain responsible to your landlord if the subtenant fails to pay rent or damages the unit.
Always check your lease. Some leases prohibit assignments and sublets, or require written landlord permission. If the lease does not mention this, Washington law requires you to get the landlord’s written consent before assigning or subletting1.
Steps to Transfer Your Lease in Washington
Transferring a lease has several important steps. Here’s how to get started:
- Review your lease for assignment or sublease clauses.
- Discuss your situation and plans with your landlord in writing.
- Find a qualified new tenant who meets your landlord’s requirements.
- Submit a formal written request for approval to assign or sublet your lease.
- Complete any required forms, and obtain your landlord’s written consent.
Official Forms and Notices
- Request to Assign Lease Letter — While there is no state-mandated numbered form, you should submit a written request to your landlord describing your reasons and the proposed assignee or subtenant. Example language, as well as templates, can be found via the Washington LawHelp Sample Letters page (official, non-profit legal resource).
- Rental Application — The landlord may require the prospective new tenant to complete their own rental application and screening. Always use your landlord’s official application form, often available from them or on their company’s website.
Tip: Always keep copies of all correspondence with your landlord for your records—including emails, applications, and approval letters.
What to Do if Your Landlord Refuses
Washington law allows landlords to refuse assignments or sublets only for "reasonable" grounds, such as poor credit or rental history of the new tenant. Landlords cannot refuse simply because they do not want to let you out of the lease1.
If your landlord unreasonably withholds consent, you may consult the Washington State Attorney General's Landlord-Tenant Program for support or consider mediation.
Key Washington Laws and Tribunals
- The Residential Landlord-Tenant Act of Washington (RCW 59.18) covers tenants’ and landlords’ rights and obligations—including lease transfers.
- The Washington State Attorney General's Office provides official guidance and handles disputes.
Practical Example
Imagine you find a new job in another city and need to leave your Seattle apartment before your lease ends. You find a friend willing to take over your lease. You:
- Check your lease: It allows assigning with landlord approval.
- Contact your landlord and submit a written "Request to Assign Lease" letter.
- Your friend completes the landlord’s rental application.
- The landlord approves, and you receive written confirmation.
- The landlord signs new paperwork with your friend, officially ending your lease responsibility.
FAQ: Lease Transfers in Washington
- Can my landlord deny my request to transfer my lease in Washington? Landlords can only deny a lease transfer for reasonable grounds, such as the new tenant’s credit, rental history, or background, but must not refuse arbitrarily.
- Do I need to pay a fee to assign or sublet my lease? Some landlords may charge an administrative fee if allowed by the lease. Always check your rental agreement and state if a fee is being requested.
- Am I still responsible if the new tenant breaks the lease? If you have fully assigned the lease and received written landlord consent, you are typically released. If you sublet, you remain responsible.
- What if my lease prohibits assignment or subletting? If your lease says assignments or sublets are not allowed, you cannot legally transfer your lease unless the landlord makes an exception.
- Where can I get help if my landlord refuses consent? Contact the Washington State Attorney General’s Landlord-Tenant program or seek assistance from local tenant advocacy groups.
Summing Up: Important Takeaways for Renters
- Always get your landlord’s written consent before transfer or subletting.
- Use written requests and save all records of communications and approvals.
- Consult the Washington Attorney General's Office if you believe your rights are being violated.
If you need to transfer a lease, following these steps protects your financial and rental record for the future.
Need Help? Resources for Renters
- Washington State Attorney General's Landlord-Tenant Program: Official guidance and complaint process
- Residential Landlord–Tenant Act (RCW 59.18): Full Washington tenancy law text
- Washington LawHelp: Free legal information and assistance for renters
- Local city or county tenant advocacy offices for mediation and support
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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