Washington Prepaid Rent Laws: Tenant Guide 2024

Renting in Washington comes with important rights and responsibilities. One critical area for tenants is prepaid rent—money you might pay before actually moving in or before it is due. Understanding how Washington law treats prepaid rent protects both your finances and your peace of mind. This guide breaks down the basics, explains key regulations, and points you to the best government resources available.

What Is Prepaid Rent?

Prepaid rent means paying your landlord rent before it is due under your lease agreement, often covering your first and last month's rent upfront. In Washington, this is different from a security deposit, which landlords hold to cover damages beyond normal wear and tear.

Washington Laws on Prepaid Rent

State law sets specific rules about what a landlord can require upfront. These rules help ensure fairness and transparency for renters. The Residential Landlord-Tenant Act (RCW 59.18.150) explains the legal limits on prepaid rent and security deposits in Washington.^[1]

• Landlords can require first month's rent, last month's rent, and a security deposit at the start of most tenancies.
• All prepaid amounts must be documented in your rental agreement.
• Landlords must provide a written receipt for any prepaid rent or deposit collected.
• There is no statewide limit on how much prepaid rent can be collected, but local city or county rules may add restrictions.

Remember: Prepaid rent is not the same as your security deposit. It is advance payment for rent only—it cannot be used by the landlord to cover damages when you move out.

What Should Be in Your Lease?

Washington law requires that your rental agreement list all prepaid rent and deposit amounts, and specify how these will be used. If a landlord collects "last month's rent" upfront, make sure it is clearly stated and get a written receipt.

• Review your signed lease for details on any prepaid rent
• Verify the amount and the purpose of each payment
• Keep all written receipts from your landlord securely

Getting Prepaid Rent Returned

When your tenancy ends, the law requires the landlord to apply your prepaid rent to your final month as agreed. If you have paid "last month's rent" up front, you are not required to pay rent for that last month again.

If your tenancy ends early or is terminated without cause, you may be eligible for a refund of unused prepaid rent. The landlord must return all refundable amounts within 21 days after you move out.^[2]

Official Forms for Tenants

• Notice to Landlord of Forwarding Address and Request for Return of Deposit (Sample Letter)
  Form Use: Send this letter to your landlord when moving out, requesting the return of any refundable prepaid rent or deposit.
  Washington Attorney General Landlord-Tenant Forms
• Statement of Deposit Return (No Official Number)
  Form Use: Landlords must use this form to itemize and return any prepaid rent or deposits to the tenant within 21 days of move-out.
  RCW 59.18.280 Requirements

Who Oversees Rental Disputes?

Washington tenants can contact the Washington State Attorney General’s Office: Landlord-Tenant Section for questions and complaints about prepaid rent or deposit disputes. While there is no standalone tribunal, most legal actions occur through the Washington court system (District or Superior Court).

FAQ: Washington Prepaid Rent Rules

1. Can my landlord use prepaid rent for damages?
   No, by law, prepaid rent is only for rent payments, not for repair costs or damages. Only security deposits can be used for damages.
2. Do I have to pay both first and last month's rent up front?
   Landlords may request both, but this must be clearly stated in your lease agreement. You should receive written receipts for each payment.
3. How quickly should my prepaid rent be returned if I move out early?
   Any refundable prepaid rent should be returned within 21 days of you moving out, provided you gave proper notice and left no unpaid rent or lease violations.
4. What should I do if my landlord refuses to return my prepaid rent?
   You can send a written demand using the sample letter above, and if unresolved, file a claim in Small Claims Court or contact the Attorney General's Landlord-Tenant Section.
5. Does prepaid rent count as part of my security deposit?
   No, prepaid rent and security deposits are separate under Washington law. Each is handled differently and must be documented separately in your lease.

Key Takeaways for Renters

• Understand the difference between prepaid rent and a security deposit
• Demand written receipts and clear documentation in your lease
• Act promptly to recover any refundable prepaid rent at move-out

Knowing and using your rights helps ensure a smooth renting experience and financial security.

Need Help? Resources for Renters

• Washington State Attorney General’s Office: Landlord-Tenant Section – Official complaints, resources, forms, and guidance for both renters and landlords
• Washington Law Help – Free legal information and tenant support from Washington Legal Aid
• King County Bar Association Tenant Law Center – Legal advice for tenants in King County
• Washington Residential Landlord-Tenant Act (RCW 59.18) – Full state legislation

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1. Washington Residential Landlord-Tenant Act – RCW 59.18.150
2. Return of Deposit and Prepaid Rent – RCW 59.18.280

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