Washington Late Rent Fees: What Can Landlords Charge?

If you're renting in Washington and worried about falling behind on your rent, it’s important to know there are rules limiting what landlords can charge for late payments. Understanding your rights helps ensure you aren't caught off-guard by unexpected or unfair late fees.

Maximum Allowable Late Rent Fees in Washington

In Washington State, landlords are allowed to charge late fees—but there are clear limits designed to protect renters. A landlord may only charge a reasonable late fee if it is explicitly stated in your lease agreement.

• Maximum late fee: As of 2024, landlords cannot charge more than $75 in total late fees per month for residential tenancies (RCW 59.18.170).
• Advance notice: The late fee policy must be included in your written rental agreement. If it isn’t, your landlord cannot legally collect late fees.
• Daily charge limit: If your lease charges daily late fees, the combined total cannot exceed $75 for the entire month.

This means that even if you’re charged every day for being late, all those daily charges cannot add up to more than $75 per month.

When Do Late Fees Start to Apply?

By law, landlords in Washington must allow at least five days after rent is due before charging any late fees. For example, if your rent is due on the 1st, late fees can only begin on the 6th day of the month.

Where Is This Law Found?

These renter protections are part of the Washington Residential Landlord-Tenant Act (RCW 59.18), which sets out rules for rent, fees, and other landlord-tenant matters across the state.

What Happens If My Landlord Charges More Than the Legal Limit?

If your landlord charges more than $75 in late fees per month, you’re entitled to dispute the charges. The official body that handles most residential tenancy disputes in Washington is local county or municipal Washington State District Courts (also referred to as "Landlord-Tenant Courts").

How to Dispute an Illegal Late Fee

• Start by notifying your landlord, in writing, that the fee exceeds Washington’s legal limit and request a correction or refund.
• If the landlord does not respond or refuses, you may file a formal complaint in District Court. For many issues, this involves using the "Civil Complaint Form" (No number assigned).

Example: If you receive a monthly statement showing $120 in late fees, send your landlord a letter referencing RCW 59.18.170. If not resolved, complete the Civil Complaint Form and submit it at your local District Court clerk’s office, attaching evidence of overcharging.

Required Forms for Rent Disputes in Washington

• Civil Complaint Form: Used if you're filing a lawsuit or complaint against your landlord for illegally charged late fees. See the official form.

Filing the complaint generally requires you to:

• Fill out the form with your details and a brief description of the complaint.
• File it with your local District Court clerk and pay any required filing fee.
• Attend a hearing if scheduled.

What If My Lease States a Higher Late Fee?

Even if your lease or rental agreement says you owe more than $75 per month in late fees, state law overrides any conflicting terms. The legal maximum always applies, regardless of what’s written in your contract.

FAQ: Late Rent Fees in Washington

1. Can my landlord charge a late fee if it’s not written in my lease?
   If your rental agreement doesn’t mention late fees, your landlord cannot legally charge you any late fees in Washington.
2. Is there a grace period before late fees apply?
   Yes. Landlords must wait at least five days after rent is due before charging any late fee.
3. What should I do if I paid more than the legal maximum in late fees?
   Document the charges and notify your landlord in writing. If not resolved, you can file a Civil Complaint with your local District Court.
4. Does the $75 maximum apply per person or per rental unit?
   The $75 cap applies per rental unit, not per tenant. No matter how many renters are on the lease, total late fees cannot exceed $75 per month on the unit.
5. Can my landlord start the eviction process if I don’t pay late fees?
   Failure to pay legal late fees may count as unpaid rent. However, you cannot be evicted for refusing to pay fees that exceed the legal maximum.

Key Takeaways for Washington Renters

• Landlords cannot charge more than $75 in total late fees per month, regardless of rental agreement language.
• Late fees can only begin after a 5-day grace period.
• You have the right to dispute excessive or illegal late fees and seek recourse through District Court.

Remember, knowing your rights helps you address rent disputes confidently and ensures fair treatment.

Need Help? Resources for Renters

• Washington State Attorney General's Landlord-Tenant Resources – guides and complaint forms
• Washington Courts – Find your local District Court
• Washington LawHelp – free civil legal information and forms
• City of Seattle Renting in Seattle – city-specific renter assistance

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1. RCW 59.18.170 – Late Fees (Washington Legislative Code)
2. Civil Complaint Form – Washington Courts
3. Washington Residential Landlord-Tenant Act (RCW 59.18)
4. Washington State District Courts
5. Washington State Attorney General – Landlord-Tenant

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