Washington Residential Lease Agreement

Washington Residential Lease Agreement

(Lease for Term or Month-to-Month)

Terms and Conditions

This residential lease agreement (the “Agreement” or “Lease”) is made and entered into this _____ day of _____, 20_____, by and between the person or entity named as Landlord in the Data Schedule (“Landlord”), whose address is stated there, and the person(s) named as Tenant(s) in the Data Schedule (“Tenant”).

Landlord leases to Tenant, and Tenant leases from Landlord, the real property in the Washington county stated in the Data Schedule, having the street address stated there (the “Premises”), of the unit type checked below (CHECK EXACTLY ONE):

☐ Single-family home

☐ Apartment unit #   _____

☐ Condominium unit #   _____

☐ Townhouse unit #   _____

☐ Other (specify):   _____

For and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:

1. TERM. This Agreement shall commence on _____ (“Commencement Date”).

CHECK EXACTLY ONE — this Agreement is not effective unless and until either (a) or (b) is checked.

☐ (a) Lease: This Agreement shall continue as a lease for a specified term. The termination date shall be _____ at 11:59 PM (the “Specified Term”). At the end of the Specified Term, CHECK EXACTLY ONE:

☐ (i) the tenancy converts to a month-to-month tenancy, terminable thereafter as provided in paragraph (b) below, with Rent continuing at the rate stated in this Agreement or as thereafter adjusted as allowed by law. Landlord may end the tenancy at the end of the initial period without cause only as permitted by RCW 59.18.650(1)(b) (agreement between six and 12 months at inception, with at least sixty (60) days’ advance written notice before the end of the initial period, served as required by RCW 59.12.040); otherwise the tenancy continues month-to-month and may be ended only as provided in paragraph (b).

☐ (ii) the tenancy is scheduled to end at the end of the Specified Term, and Tenant shall vacate the Premises at the end of the Specified Term unless Landlord and Tenant sign a new written agreement. Because the tenancy, by the terms of this Agreement, does not continue for an indefinite period on a month-to-month or periodic basis after the Specified Term, Landlord may end the tenancy without cause upon expiration of the Specified Term only as permitted by RCW 59.18.650(1)(c), which applies only if (1) this Agreement is for twelve (12) months or more (or Landlord and Tenant have continuously entered into successive agreements of six (6) months or more since the inception of the tenancy), (2) Landlord gives Tenant at least sixty (60) days’ advance written notice before the end of the Specified Term that the tenancy will be deemed expired, served as required by RCW 59.12.040, and (3) the tenancy has not been for an indefinite period on a month-to-month or periodic basis at any point since the inception of the tenancy; if those conditions are not met or the tenancy does not otherwise end as provided by law, it becomes a month-to-month tenancy as provided by RCW 59.18.650(1)(d), terminable thereafter as provided in paragraph (b). Tenant may end a tenancy for a specified time by giving Landlord written notice at least twenty (20) days before the end of the Specified Term (RCW 59.18.650(1)(f)).

☐ (b) Month-to-Month: This Agreement shall continue as a month-to-month tenancy. Tenant may terminate this tenancy by written notice to Landlord given at least twenty (20) days before the end of any monthly rental period (RCW 59.18.200(1)(a)). Landlord may not evict Tenant, refuse to continue this tenancy, or end this periodic tenancy except for a cause enumerated in RCW 59.18.650, with written notice given within the periods and served in the manner required by law (RCW 59.12.040).

Notice of Rent Increase. Any increase in Rent requires a minimum of ninety (90) days’ prior written notice to Tenant (RCW 59.18.140(3)(a)), may not become effective before completion of the current rental-agreement term, may not occur during the first twelve (12) months of the tenancy. The total of all increases during any twelve (12) month period of the tenancy is limited by state law to the maximum annual rent-increase percentage published by the Washington State Department of Commerce (seven percent plus the consumer price index, or ten percent, whichever is less — RCW 59.18.700(1)(a)), unless the tenancy is exempt under RCW 59.18.710; any notice of increase claiming an exemption must include facts supporting the exemption, must otherwise be in substantially the form prescribed by RCW 59.18.720, and must be served as required by RCW 59.12.040.

2. RENT. Under the terms of this Agreement, “Rent” means the recurring and periodic charges identified in this Agreement for the use and occupancy of the Premises, including the Monthly Rent and any recurring utility charges payable to Landlord under this Agreement. “Rent” does not include the Security Deposit or any nonrecurring charge (including any Late Charge, damages, deposits, legal costs, or other fees), except that if Landlord has provided an installment payment plan for nonrefundable fees or deposits and Tenant defaults in payment, the defaulted installment may be treated as rent owing as provided by RCW 59.18.283(3). Tenant shall pay to Landlord the Monthly Rent stated in the Data Schedule per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. Landlord’s acceptance of a partial payment of Rent is not a waiver of the unpaid balance or of any default or remedy, except as otherwise provided by law (including RCW 59.18.283).

Under RCW 59.18.063, Landlord must accept personal checks, cashier's checks, or money orders for Rent, except if Tenant has had a personal check returned for non-sufficient funds or account closure in the past nine (9) months. Upon Tenant's request, Landlord must provide a receipt for non-cash payments. Landlord may choose not to accept cash, but if Landlord accepts cash, Landlord must provide a written receipt for it. Landlord must also allow Tenant to submit Rent payments by mail unless Landlord provides an accessible, on-site payment location (RCW 59.18.063(1)). Payments shall be applied first to Rent as provided by RCW 59.18.283. Payment shall be made to Landlord under the name and address stated in the Data Schedule.

3. SECURITY DEPOSIT. As security for the performance of Tenant's obligations under this Agreement, Tenant shall deposit with Landlord the amount stated in the Data Schedule as the Security Deposit. Landlord is required to provide the Tenant with a written receipt for the security deposit, and Tenant acknowledges having received said written receipt. Tenant may elect to pay the Security Deposit and any nonrefundable fee in installments as provided by RCW 59.18.610. This Agreement states the terms and conditions under which the Security Deposit or a portion of it may be withheld (RCW 59.18.260(1)): Landlord may withhold from the Security Deposit for unpaid Rent, for other charges due under this Agreement, for damage to the Premises beyond wear resulting from ordinary use, and for other costs arising from Tenant’s breach of this Agreement, all as itemized in the statement described below.

Depository Trust Account. The Landlord shall promptly deposit all moneys received as security deposit in a trust account, maintained by the Landlord for the purpose of holding such security deposits for tenants of the Landlord, in a Financial Institution or licensed escrow agent located in Washington. The term "Financial Institution" is defined as the state and national banks and trust companies, state and federal savings banks, state and federal savings and loan associations, and state and federal credit unions located in Washington state.

Following the notice requirements of RCW 59.18.270, the name of the Financial Institution is:

_____

and its full address is:

_____.

Landlord shall be exclusively entitled to receipt of interest paid on such trust account deposits, which shall not be provided, shared, or credited to Tenant.

Transfer of Status. If during the tenancy, the status of the Landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor Landlord, and the successor Landlord shall promptly notify the Tenant of the transfer and of the name, address, and location of the new depository.

Return of Security Deposit. Within thirty (30) days after the termination of the Agreement and vacation of the Premises or, if Tenant abandons the Premises as defined in RCW 59.18.310, within thirty (30) days after Landlord learns of the abandonment, Landlord shall give Tenant a full and specific statement of the basis for retaining any of the Security Deposit, together with any documentation required by RCW 59.18.280(1)(b) (such as estimates or invoices) and the payment of any refund due to Tenant under the Agreement. Landlord shall not withhold any portion of the security deposit on account of normal wear and tear resulting from ordinary use of the Premises. Landlord complies with this section if the required statement or payment, or both, are delivered to Tenant personally or deposited in the U.S. mail, properly addressed to Tenant's last known address with first-class postage prepaid within thirty (30) days.

4. CONDITION OF PREMISES. Other than the items noted in the move-in condition checklist or statement identified in the Data Schedule, if any, Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.

5. USE OF PREMISES. The Premises shall be used and occupied by Tenant and the additional occupants, if any, listed in the Data Schedule, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than the listed occupants or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. No guest stay may exceed the limits, if any, stated in the Data Schedule without Landlord’s prior written consent. Tenant’s duties under RCW 59.18.130, including (6) drug-related, (8) imminently hazardous/assault-firearm, and (9) gang-related activity, apply to this tenancy.

6. JOINT AND SEVERAL LIABILITY; OCCUPANTS. Each Tenant who signs this Agreement is jointly and severally liable for all obligations under this Agreement. Every occupant eighteen (18) years of age or older must be listed in the Data Schedule and must sign this Agreement as a Tenant. Occupants under eighteen, or other persons listed as occupants only, are not parties to this Agreement.

7. ASSIGNMENT, SUBLEASING, AND SUBLETTING. Tenant may not assign Tenant’s interests under this Agreement, sublease or sublet any portion of the Premises, or grant any license to use any portion of the Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, sublet, or license all or any portion of Tenant’s interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this section shall include but are not limited to subleasing or subletting through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. A consent by Landlord to one such assignment, subleasing, subletting, or license is not consent to any subsequent assignment, subleasing, subletting, or license.

8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. Notwithstanding the foregoing, Tenant may install and use a portable cooling device in accordance with RCW 59.18.740, subject to the conditions and installation limitations stated in that section (including Tenant’s notice to Landlord at least two (2) days before installing a window-mounted device). Under RCW 59.18.740(7), Landlord is immune from liability for any claim for damages, injury, or death caused by a portable cooling device installed by Tenant. Tenant shall not change, add, or re-key any lock on the Premises without Landlord’s prior written consent. Landlord re-keys or changes the locks between tenancies.

Portable Cooling Device Notice (applies only if the Data Schedule elects a restriction): If Landlord restricts or prohibits the installation of window-mounted portable cooling devices, Landlord notifies Tenant in this Agreement, as required by RCW 59.18.740(8), of Tenant’s rights, responsibilities, and the following restrictions or prohibitions (which RCW 59.18.740(4)(a) permits only where: (i) the window is a necessary egress and the device would interfere with the use of the window as a necessary egress; (ii) the device would interfere with Tenant’s ability to lock a window that is accessible from outside the unit; (iii) the device requires the excessive use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the exterior wall of the building, or otherwise cause significant damage; (iv) the device cannot be adequately secured against falling; or (v) the device would violate the terms of Landlord’s insurance policy, where the policy expressly restricts or prohibits window-mounted devices and Landlord has provided written evidence of the restriction or prohibition):

_____.

9. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises, except any service that Landlord is required by RCW 59.18.060 to furnish or arrange (including, for premises other than a single-family residence, waste receptacles in common areas and the reasonable and regular removal of waste under RCW 59.18.060(10)).

12. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, unless otherwise agreed in writing Tenant shall:

(a)   Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

(b)   Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

(c)   Not obstruct or cover the windows or doors;

(d)   Not leave windows or doors in an open position during any inclement weather;

(e)   Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

(f)   Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

(g)   Not leave the Premises unoccupied for any prolonged duration;

(h)   Keep all air conditioning filters clean and free from dirt;

(i)   Ensure that all bathroom fixtures, plumbing, and water systems are in good condition and functioning properly; use these systems only for their intended purposes; and not allow any debris, waste, or substances to be disposed of in them. Tenant is responsible for any damage or repair costs caused by improper usage;

(j)   Maintain order at all times, both within the Premises and in all places on the Premises, including among family and guests, and avoid making or permitting any loud or improper noises that might disturb other residents;

(k)   Maintain the volume of all audio devices, such as radios, televisions, stereos, and entertainment equipment, at a level that does not disturb other residents;

(l)   Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by Tenant;

(m)   Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;

(n)   Not engage in smoking or the use of vapor-generating electronic devices, including, but not limited to, tobacco, marijuana, or cannabis (THC, CBD), within the interior or exterior boundaries of the Premises. Should Tenant breach this provision, Tenant shall be liable for all costs associated with the cleaning, restoration, deodorizing, abatement, repainting, or replacement of any affected ductwork, carpeting, vinyl flooring, or curtains that may be required as a result of such breach;

(o)   Comply with and follow all rules and regulations that pertain to the Premises or the related common areas, as established and communicated by the Owners' Association having control over them;

(p)   Upon termination and vacation, restore the Premises to their initial condition except for reasonable wear and tear.

Nothing in this section limits or waives Landlord’s non-waivable duties under RCW 59.18.060 (including keeping the Premises fit for human habitation, complying with applicable codes, maintaining structural components and supplied facilities, and providing heat, water, hot water, and locks), which Landlord retains; the list above states Tenant’s day-to-day upkeep.

Tenant shall conform to all reasonable obligations or restrictions concerning the use, occupation, and maintenance of the Premises that Landlord adopts as written rules of tenancy and brings to Tenant’s attention as part of this Agreement; after thirty (30) days’ written notice to Tenant, a new rule of tenancy becomes effective upon completion of the term of this Agreement or sooner upon mutual consent (RCW 59.18.140(1)–(2)).

13. SMOKE DETECTION DEVICES. Tenant shall be responsible for maintaining the smoke detection devices inside the Premises in accordance with the manufacturer's recommendations, including replacing batteries as required. Landlord confirmed that the smoke detection devices were operational before Tenant's occupation. Per RCW 43.44.110, failure to comply with RCW 43.44.110 may result in a fine of up to $200, and an owner who fails to comply may be fined $5,000 if, after such failure, a fire causes property damage, personal injury, or death to a tenant or a member of a tenant’s household.

14. TENANT’S PERSONAL PROPERTY AND VEHICLE INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Owners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance. If the Data Schedule elects that renter’s insurance is required, Tenant shall maintain renter’s insurance during the tenancy and shall provide proof of coverage to Landlord upon request.

15. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.

16. INSPECTION OF PREMISES; LANDLORD’S ACCESS. Landlord and Landlord’s agents may enter the Premises for the purposes of inspecting the Premises, making necessary or agreed repairs, alterations, or improvements, supplying necessary or agreed services, or exhibiting the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors (RCW 59.18.150(1)), subject to the following (RCW 59.18.150(6)): Landlord shall not abuse the right of access or use it to harass Tenant. Except in the case of emergency, or if it is impracticable to give notice, Landlord shall give Tenant at least two (2) days’ written notice of Landlord’s intent to enter and shall enter only at reasonable times. Each entry notice shall state the exact time and date or dates of entry or the earliest and latest possible times of entry on that date or dates, and shall specify the telephone number to which Tenant may communicate any objection or request to reschedule (RCW 59.18.150(6)). Landlord may enter without Tenant’s consent in case of emergency or abandonment (RCW 59.18.150(5)). Tenant shall not unreasonably withhold consent to Landlord to enter the Premises at a specified time where Landlord has given at least one (1) day’s notice of intent to enter to exhibit the Premises to prospective or actual purchasers or tenants. Landlord may display the usual and ordinary “for sale,” “for rent,” or “vacancy” signs on the Premises. Entry to remove placards, signs, fixtures, alterations, or additions that do not conform to this Agreement is subject to the same notice requirements.

17. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

18. TENANT’S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant, which shall be subject to all of the terms and conditions of this Agreement, except that Rent shall then be due and owing at the Holdover Monthly Rent stated in the Data Schedule per month (or, if none is stated, the Monthly Rent; in either case not to exceed the maximum rent permitted by RCW 59.18.700 unless the tenancy is exempt under RCW 59.18.710), and except that such month-to-month tenancy shall be terminable by Tenant upon at least twenty (20) days’ written notice given before the end of any monthly rental period (RCW 59.18.200(1)(a)) and by Landlord only for a cause enumerated in RCW 59.18.650, with the written notice and service required by law.

19. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.

20. ANIMALS. Tenant shall be entitled to keep the number and type of domestic dogs, cats, or birds, if any, stated in the Data Schedule, and no others. If the Schedule states a refundable pet deposit, Tenant shall pay it as additional Security Deposit, subject to the deposit provisions of this Agreement (including the checklist, trust-account, statement, and refund requirements of RCW 59.18.260 through 59.18.280); no part of any deposit may be withheld for wear resulting from ordinary use of the Premises (RCW 59.18.260(4)). If the Schedule states a nonrefundable pet fee, that amount is a fee and not a deposit, is designated nonrefundable in this Agreement as required by RCW 59.18.285, and may not be characterized as or added to the Security Deposit. Tenant may pay the pet deposit and any nonrefundable pet fee in installments as provided by RCW 59.18.610. Charges for animal-caused damage beyond ordinary wear remain Tenant’s responsibility. Nothing in this section limits the rights of a person with a disability to keep an assistance animal as provided by fair-housing law; an assistance animal is not a pet, and no pet deposit or pet fee is charged for it.

21. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.

22. INDEMNIFICATION. To the extent permitted by law, Tenant shall indemnify, defend, and hold Landlord harmless from claims, damages, or expenses asserted by third parties to the extent caused by the negligent or wrongful act or omission of Tenant or Tenant’s family, guests, or invitees, or by Tenant’s breach of this Agreement. This indemnity does not extend to any claim, damage, or expense to the extent caused by Landlord’s negligence or willful misconduct or by Landlord’s breach of RCW 59.18.060 or any other non-waivable provision of chapter 59.18 RCW.

23. DEFAULT. Landlord retains the right of re-entry of the Premises in the event of a material breach of this Agreement by Tenant. If such a breach occurs, Landlord may terminate this Agreement and regain possession of the Premises by serving the notice required for the applicable cause under RCW 59.12.030 and chapter 59.18 RCW (including RCW 59.18.650(2)) and commencing an unlawful-detainer action. Landlord's re-entry is accomplished only through that legal process of eviction, which involves serving the statutory notice and a complaint on Tenant and a subsequent court appearance and hearing. In addition, Landlord may seek Tenant's eviction for any other cause permitted under Washington state law. Eviction proceedings may conclude with Landlord's regaining possession of the Premises.

24. DAMAGES. Tenant shall be responsible for compensating Landlord for any damages incurred due to the Tenant's breach of this Agreement, which may include, but is not limited to, lost rent (subject to Landlord's duty to mitigate damages under RCW 59.18.310(1)), the costs of preparing the Premises for re-rental and a real estate broker's commission for finding a new tenant due to eviction or early termination of the tenancy.

25. LATE CHARGE. If any installment of Rent is not received by Landlord within five (5) days after its due date, Tenant shall pay Landlord the Late Charge stated in the Data Schedule. No late charge may be imposed for Rent that is paid within five (5) days following its due date (RCW 59.18.170(2)). The Late Charge is a nonrecurring charge and is not Rent (RCW 59.18.030). Failure to pay the Late Charge is not a basis for termination or eviction (RCW 59.18.283; RCW 59.18.230(1)(b)); Landlord may collect an unpaid Late Charge by other lawful means.

26. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option, obtain possession of the Premises in the manner provided by law. This section does not limit Tenant’s rights under RCW 59.18.280 or 59.18.310–.312. Landlord may, at Landlord’s discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord’s option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. Landlord’s reletting and mitigation efforts shall be as provided by RCW 59.18.310. Personal property of Tenant left on the Premises after abandonment shall be handled as required by RCW 59.18.310 and 59.18.312, including written notice of intended sale or disposal and storage: Landlord may not sell or dispose of such property (including personal papers, family pictures, and keepsakes) sooner than forty-five (45) days after the notice of sale or disposal is mailed or personally delivered to Tenant, except that property with a cumulative value of $250 or less (excluding personal papers, family pictures, and keepsakes) may be sold or disposed of no sooner than seven (7) days after such notice, all as provided by RCW 59.18.310(2).

27. ATTORNEYS’ FEES. No provision of this Agreement requires Tenant to pay Landlord’s attorneys’ fees, and this Agreement does not itself award attorneys’ fees to either party. Fee awards available under Washington law (including RCW 59.18.230(3), RCW 59.18.250, and RCW 59.18.280(2)) or otherwise awarded by a court according to law are not affected by this Agreement.

28. FEDERAL PROVISIONS. Servicemembers Civil Relief Act: nothing in this Agreement limits the rights of a servicemember (or a covered dependent) under the federal Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043 (including lease termination under 50 U.S.C. § 3955), or under RCW 59.18.220(2). CARES Act: if the Premises is a “covered dwelling” under the federal CARES Act (15 U.S.C. § 9058), a notice to vacate for nonpayment of rent may not require vacating sooner than thirty (30) days after the notice is given, regardless of the election made in the Data Schedule.

29. GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Washington.

30. SEVERABILITY. If any provision of this Agreement or its application is found to be invalid or unenforceable for any reason, it shall not impact the enforceability of the remaining provisions of this Agreement or the enforceability of the invalid provision when applied to other individuals, entities, or circumstances, and such provision will instead be enforced to the maximum extent permitted by law. Nothing in this Agreement shall be construed as a waiver by Tenant of any right or protection afforded by chapter 59.18 RCW (RCW 59.18.230).

31. SUCCESSORS AND ASSIGNS. The covenants, obligations, and conditions set forth in this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.

32. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant.

33. CONSTRUCTION. The language used in this Agreement shall include, where appropriate, either gender or both, singular and plural forms.

34. NON-WAIVER. Any waiver, concession, or forbearance by Landlord shall not affect Tenant's obligations and liabilities under this Agreement.

35. MODIFICATION. This Agreement constitutes the full and complete understanding between the parties and may not be altered or amended in any manner except through a written agreement signed by both Landlord and Tenant.

36. INTERIOR CAMERAS. Landlord ☐ does ☐ does not operate video cameras that view the interior of the Premises. Landlord will not record audio inside the dwelling unit. This section does not apply to cameras in common areas of multi-family housing.

37. LEAD-BASED PAINT DISCLOSURE. If the Premises was constructed before 1978, Tenant acknowledges receiving the EPA pamphlet “Protect Your Family From Lead In Your Home,” and a fully executed “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” is attached. If the Premises was constructed in 1978 or later, this section does not apply.

38. RETURN OF KEYS. Tenant must return the keys to the Premises to Landlord when Tenant vacates the Premises.

39. NOTICE. Any notice required or permitted under this Agreement (other than a notice for which Washington law prescribes the manner of service) shall be deemed sufficiently given if sent by United States certified mail, return receipt requested, addressed as follows:

LANDLORD NAME (NOTICES) _____    TENANT NAME (NOTICES) _____

LANDLORD NOTICE ADDRESS _____    TENANT NOTICE ADDRESS _____

LANDLORD CITY / STATE / ZIP _____    TENANT CITY / STATE / ZIP _____

LANDLORD EMAIL _____    TENANT EMAIL _____

Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this section by written notice thereof to the other party. The parties may provide a copy of any notice by e-mail as a courtesy. Notices for which Washington law prescribes the manner of service — including notices to terminate a tenancy, pay-or-vacate and comply-or-vacate notices, rent-increase notices, and the security-deposit statement — must be given as the applicable statute requires: termination and eviction-related notices are served under RCW 59.12.040 (which requires, for service by mail, deposit in the United States mail from within Washington state, properly addressed to Tenant with first-class postage prepaid, with five additional days allowed from the date of mailing before the commencement of an action, and requires a notice terminating a tenancy to specify the date by which the person must vacate or, if applicable, comply), and the security-deposit statement is delivered or mailed to Tenant’s last known address by first-class mail as provided by RCW 59.18.280.

40. ADDENDA. The terms set forth in the attached addenda or riders are made a part of this Agreement. The addenda and riders, if any, attached to and incorporated in this Agreement are identified in the Data Schedule.

[x] Fire Safety and Protection Information Disclosure (RCW 59.18.060(12))

[x] Mold Information Rider (RCW 59.18.060(14))

☐ Flood Disclosure Addendum (RCW 59.18.060(13)—leases entered into after Dec. 31, 2026, & renewals)

☐ Lead-based paint disclosure and EPA pamphlet (Premises built before 1978)

☐ Other: _____

41. ADDITIONAL PROVISIONS; DISCLOSURES.

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