Smoking Rules in Washington Rental Homes: What Renters Need to Know

Moving into a new rental in Washington often means reviewing not just the lease but also specific rules, including smoking policies. Whether you smoke or prefer a smoke-free environment, understanding your rights and the landlord's obligations can help prevent disputes and create a healthier living situation.

What Are Smoking Policies in Washington Rentals?

In Washington, there is no statewide prohibition on smoking in private rental units. However, landlords can set their own rules about smoking, including banning smoking of tobacco, marijuana, vaping, or e-cigarettes indoors, outdoors, or both. Landlords may:

• Allow smoking everywhere on the property
• Allow smoking in designated areas only
• Ban all forms of smoking entirely, including inside units and common areas

Landlords must clearly state any smoking policy in the written lease or rental agreement¹. Verbal discussions aren't enough; policies should be in writing for both parties' protection.

When and How Landlords Must Disclose Smoking Policies

Washington law requires landlords to provide renters with written disclosure of rules that differ from basic tenant rights or expectations. If smoking is restricted or prohibited, the rental agreement must specify this clearly.

• If a property is smoke-free, the lease should include a clause stating this rule.
• If smoking is allowed, any designated areas or allowed products (e.g., tobacco but not cannabis) should be described.

If you're unsure of the smoking policy, always request a written copy from your landlord. This helps avoid confusion during move-in inspections and throughout your tenancy.

What Happens If There’s No Smoking Clause?

If your lease says nothing about smoking, it's generally allowed within your unit. However, secondhand smoke affecting neighbors or violating local health codes could lead to complaints or disputes.

Common Issues: Secondhand Smoke and Complaints

Secondhand smoke can impact your health and comfort. If smoke from another unit or common area drifts into your apartment, you may have grounds to file a complaint. Possible steps include:

• Speaking to your landlord about your concerns
• Requesting a change in the building’s smoking policy (especially if many tenants are affected)
• Documenting the issue for future reference

Washington Tenancy Laws on Smoking and Disclosures

Washington’s Residential Landlord-Tenant Act (RLTA) sets general rules but leaves details on smoking policies up to individual landlords. You can review what the Residential Landlord-Tenant Act says about lease terms and disclosures.

Some cities in Washington, such as Seattle, may have additional ordinances or encourage smoke-free housing initiatives. Always check your city’s official website or code for extra policies.

Move-In Inspections and Smoking Damage

When you move in, landlords must provide a written checklist noting any pre-existing damage. Smoking—especially if disallowed in your lease—can result in:

• Deductions from your security deposit for smoke stains, odors, or burns
• Potential lease violations if you smoke outside designated areas

You’ll complete the Move-In Checklist (Sample) as part of your legal protections.

Relevant Official Forms for Renters

• Move-In/Move-Out Condition Checklist: Required by RCW 59.18.260, this checklist documents the state of the rental at move-in and move-out.
  Example: Complete this form with your landlord before moving in to note stains, odors, or property conditions. If the apartment already shows signs of smoking damage, write it down.
  Official Move-In/Out Checklist (Washington Office of Attorney General)
• Residential Lease Agreement: While not a standardized form, this is the contract that should list any smoking restrictions. Always request a copy.
  Washington Landlord-Tenant Resources

How to Raise Concerns or File a Complaint

If your smoking policy isn’t followed or you believe your rights are being violated:

• Document what has happened, noting dates and details
• Write a letter or email to your landlord or property manager requesting a remedy
• If necessary, file a complaint with your local housing office or seek mediation services

For legal disputes, renters and landlords can bring cases to the official dispute board:

• Washington State Attorney General’s Landlord-Tenant Division (No dedicated tribunal; district courts handle tenancy disputes)

FAQs: Smoking Rules in Washington Rentals

1. Can Washington landlords ban smoking in all rental units?
   Yes, landlords can prohibit smoking in all areas of a rental property, including individual units, by stating so in the lease.
2. What if my neighbor’s smoking is affecting my apartment?
   You can raise the issue with your landlord, as they must ensure you have quiet enjoyment of your home. Document your concerns and seek resolution through communication or, if unresolved, local housing authorities.
3. Do landlords have to disclose smoking policies in Washington?
   Yes, if there are smoking restrictions, they must be included in the written rental agreement.
4. Can I be charged for smoke damage if I smoked where it was not permitted?
   Yes. Landlords may deduct cleaning or repair costs from your deposit if lease rules were broken.
5. Where can I take my complaint if my landlord is not enforcing smoking rules?
   You may contact your local housing department or file in district court under the RLTA. The Washington Attorney General’s Landlord-Tenant section offers guidance and resources.

Key Takeaways for Washington Renters

• Always review your lease for smoking policies and request written terms if they are unclear.
• Document pre-existing damage during move-in to avoid deposit disputes later.
• Contact your landlord promptly about secondhand smoke or policy concerns, and keep records of all communications.

Need Help? Resources for Renters

• Washington State Attorney General's Landlord-Tenant Resources: Guidance and forms for renters
• Local city or county housing department (for additional smoke-free housing ordinances)
• Washington Department of Health – Tobacco and Smoking Resources

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1. Washington Residential Landlord-Tenant Act: Residential Landlord-Tenant Act (RCW 59.18)
2. Sample Move-In/Out Checklist – Washington Attorney General
3. Washington Attorney General - Landlord-Tenant Relations

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