Refusing to Move In After Inspection in Washington: Your Rights

Moving into a new rental in Washington state is an important step, with the move-in inspection playing a big role in protecting both you and your landlord. But what if you discover issues that make you reconsider signing the lease or moving in? This article explains your rights, process, and forms if you want to refuse to move in after inspection—based on Washington’s Residential Landlord-Tenant Act.

Understanding Move-In Inspections in Washington

Before moving in, you and your landlord should complete a written move-in inspection checklist, called a "Condition Checklist." Washington law requires this process for any refundable security deposit. This checklist lists existing damage or issues, so you don’t get wrongly charged when moving out. Both parties should sign and keep a copy.

When Can a Renter Refuse to Move In?

If the inspection reveals problems that weren’t disclosed or the unit doesn’t meet basic standards, you may have legal grounds to refuse to move in, such as:

• The property is unsafe or inhabitable (e.g., no heat, major plumbing issues).
• Serious repairs promised in writing are not completed before move-in.
• Hazards like mold, pest infestations, or exposed wiring are present.
• Material misrepresentation—a significant difference from what was advertised or promised.

If you identify these issues during your walk-through, it is reasonable to delay or refuse to move in until resolved. If you have not yet signed the lease, you are typically not obligated to proceed. If you have signed but not taken possession, options may depend on the lease terms and local law.

Required Forms and What To Do Next

Here’s what to do if you plan to refuse to move in or need the landlord to address problems:

• Move-In Condition Checklist (no state form number):
  Use this to document the exact condition of the unit. If your landlord did not provide one and requests a deposit, that is a violation of the law. Washington State Attorney General – Landlord-Tenant Resources offers advice and sample checklists.
• Ten-Day Notice to Comply or Vacate (RCW 59.12.030(4)):
  If you've already signed a lease and the landlord fails to fix serious issues, you can give written notice demanding repairs before moving in or ask to terminate the contract if repairs aren’t completed. Reference the official law and provide a clearly dated written demand.
• Health or Safety Complaint Forms with Local Code Enforcement:
  If the unit violates health or safety codes, report it to your local code enforcement or the Washington State Department of Health – Housing Program.

What Is the Tribunal for Residential Tenancy in Washington?

The main tribunal handling disputes is the Washington State Courts, where you may file claims or respond to eviction or security deposit disputes. Many areas also have local housing code enforcement for substandard conditions.

Relevant Washington State Legislation

• Residential Landlord-Tenant Act (RCW 59.18) – Covers rights and duties of tenants and landlords.
• RCW 59.18.070 – Tenant remedies if landlord fails to maintain condition.

Action Steps for Washington Renters

• Inspect and Complete the Move-In Checklist
• Identify Major Issues or Discrepancies: Note anything unsafe, unsanitary, or promised improvements not completed.
• Communicate in Writing: Email or write to your landlord outlining what is wrong and ask for prompt repairs or clarification.
• Refuse to Sign or Move In: If the unit is uninhabitable, you do not have to sign the lease or move in. If you already signed, demand repairs or consider consulting local housing resources.
• File a Complaint If Needed: Report code violations to local authorities or contact the courts for unresolved legal disputes.

FAQ

1. Can I back out of the lease if the unit isn’t ready or is unsafe?
   Yes, if the property is uninhabitable or there are major undisclosed problems discovered at inspection, you may be able to terminate or refuse to proceed. Get written documentation and seek legal or housing resource guidance.
2. Is the Move-In Condition Checklist required by law in Washington?
   Yes, if the landlord requires a security deposit, you must receive and sign a detailed condition checklist under Washington’s Residential Landlord-Tenant Act (RCW 59.18.260).
3. What if the landlord won’t make the repairs after inspection in Washington?
   You should request repairs in writing and may give a 10-day notice to comply. If repairs are not made, you may have legal grounds to delay move-in or terminate.
4. Where do I file a complaint if the unit is not habitable?
   Contact your local city or county code enforcement office, or consult Washington State Attorney General’s Landlord-Tenant Section.
5. Who decides disputes over move-in refusals in Washington?
   The Washington State Courts have authority in formal disputes involving rent, deposits, or habitability issues.

Conclusion: Key Takeaways for Washington Renters

• Inspect before you move in—use the checklist to document everything.
• You may refuse to move in if the property is unsafe or not as promised.
• Communicate in writing and use official forms to protect your rights.

Remember, keeping good records and seeking help early makes all the difference in protecting your rights as a renter in Washington.

Need Help? Resources for Renters

• Washington State Attorney General – Landlord-Tenant Resources
• Washington Department of Health – Tenant Info
• Washington State Courts (Landlord-Tenant Disputes)
• Local housing code enforcement offices in your city or county
• Legal aid: Northwest Justice Project – Tenant Help

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1. Washington State Residential Landlord-Tenant Act (RCW 59.18)
2. RCW 59.18.260 – Condition Checklist Requirement
3. Washington Attorney General – Landlord-Tenant Forms and Rights
4. Washington State Courts – Landlord-Tenant Disputes

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