SB5313 • 2026

Rental agreement provisions

Adding to the list of provisions prohibited from rental agreements.

Housing

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Senator Pedersen, Senator Goehner, Senator Cleveland, Senator Hasegawa, Senator Nobles, Senator Valdez
Last action: 2025-05-07
Official status: C 206 L 25
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Rental agreement provisions

What This Bill Does

Rental agreement provisions

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

5313.E AMH HOUS H2020.2

0 • Housing

NOT ADOPTED

Plain English: 5313.E AMH HOUS H2020.2 ESB 5313 - H COMM AMD By Committee on Housing NOT ADOPTED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

5313.E AMH HOUS H2020.2 ESB 5313 - H COMM AMD By Committee on Housing NOT ADOPTED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
1.
RCW 59.18.230 and 2022 c 95 s 2 are each amended to 3 read as follows: 4 (1)(a) ((Any)) Except as provided in RCW 59.18.360, any provision 5 of a lease or other agreement, whether oral or written, whereby any 6 section or subsection of this chapter is waived ((except as provided 7 in RCW 59.18.360 and)) shall be deemed against public policy and 8 shall be unenforceable.
Such unenforceability shall not affect other 9 provisions of the agreement which can be given effect without them.10 (b) Any agreement, whether oral or written, between a landlord 11 and tenant, or their representatives, and entered into pursuant to an 12 unlawful detainer action under this chapter that requires the tenant 13 to pay any amount in violation of RCW 59.18.283 or the statutory 14 judgment amount limits under RCW 59.18.410 (1) or (2), or waives any 15 rights of the tenant under RCW 59.18.410 or any other rights afforded 16 under this chapter except as provided in RCW 59.18.360 is void and 17 unenforceable.

5313.E AMH ENGR H2242.E

0 • Peterson

ADOPTED AND ENGROSSED

Plain English: 5313.E AMH ENGR H2242.E ESB 5313 - H AMD By Representative Peterson ADOPTED AND ENGROSSED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

5313.E AMH ENGR H2242.E ESB 5313 - H AMD By Representative Peterson ADOPTED AND ENGROSSED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
1.
RCW 59.18.230 and 2022 c 95 s 2 are each amended to 3 read as follows: 4 (1)(a) ((Any)) Except as provided in RCW 59.18.360, any provision 5 of a lease or other agreement, whether oral or written, whereby any 6 section or subsection of this chapter is waived ((except as provided 7 in RCW 59.18.360 and)) shall be deemed against public policy and 8 shall be unenforceable.
Such unenforceability shall not affect other 9 provisions of the agreement which can be given effect without them.10 (b) Any agreement, whether oral or written, between a landlord 11 and tenant, or their representatives, and entered into pursuant to an 12 unlawful detainer action under this chapter that requires the tenant 13 to pay any amount in violation of RCW 59.18.283 or the statutory 14 judgment amount limits under RCW 59.18.410 (1) or (2), or waives any 15 rights of the tenant under RCW 59.18.410 or any other rights afforded 16 under this chapter except as provided in RCW 59.18.360 is void and 17 unenforceable.

5313.E AMH PETE H2242.1

1208 • Peterson

ADOPTED AS AMENDED

Plain English: 5313.E AMH PETE H2242.1 ESB 5313 - H AMD 1208 By Representative Peterson ADOPTED AS AMENDED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

5313.E AMH PETE H2242.1 ESB 5313 - H AMD 1208 By Representative Peterson ADOPTED AS AMENDED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
1.
RCW 59.18.230 and 2022 c 95 s 2 are each amended to 3 read as follows: 4 (1)(a) ((Any)) Except as provided in RCW 59.18.360, any provision 5 of a lease or other agreement, whether oral or written, whereby any 6 section or subsection of this chapter is waived ((except as provided 7 in RCW 59.18.360 and)) shall be deemed against public policy and 8 shall be unenforceable.
Such unenforceability shall not affect other 9 provisions of the agreement which can be given effect without them.10 (b) Any agreement, whether oral or written, between a landlord 11 and tenant, or their representatives, and entered into pursuant to an 12 unlawful detainer action under this chapter that requires the tenant 13 to pay any amount in violation of RCW 59.18.283 or the statutory 14 judgment amount limits under RCW 59.18.410 (1) or (2), or waives any 15 rights of the tenant under RCW 59.18.410 or any other rights afforded 16 under this chapter except as provided in RCW 59.18.360 is void and 17 unenforceable.

5313.E AMH LOW VASE 208

1219 • Low

ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....
VASE 208 1 - Official Print EFFECT: Provides that the bill applies to leases or rental agreements entered into or renewed on or after the bill's effective date.
5313.E AMH LOW VASE 208 ESB 5313 - H AMD TO H AMD (H-2242.1/25) 1219 By Representative Low ADOPTED 04/15/2025 On page 3, after line 10, insert the following: "NEW SECTION.
Sec.

5313.E AMH MANJ VASE 207

1220 • Manjarrez

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....
VASE 207 1 - Official Print EFFECT: Revises the list of prohibited rental agreement provisions under the Residential Landlord-Tenant Act by removing the following category added by the underlying bill: Mandatory arbitration clauses, unless the landlord pays the entire cost of the arbitration and the agreement is notarized.
5313.E AMH MANJ VASE 207 ESB 5313 - H AMD TO H AMD (H-2242.1/25) 1220 By Representative Manjarrez NOT ADOPTED 04/15/2025 On page 2, beginning on line 9 of the striking amendment, after "(h)" strike all material through "(i)" on line 12 Renumber the remaining subsections consecutively and correct any internal references accordingly.
END

5313.E AMH JACO VASE 206

1221 • Jacobsen

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....
VASE 206 1 - Official Print EFFECT: Revises the list of prohibited rental agreement provisions under the Residential Landlord-Tenant Act by removing the following category added by the underlying bill: Nondisclosure agreements related to the lease agreement or details of the offer, including rent amount, security deposits or fees, rent concessions, move-in gifts, or lease specials or terms.
5313.E AMH JACO VASE 206 ESB 5313 - H AMD TO H AMD (H-2242.1/25) 1221 By Representative Jacobsen NOT ADOPTED 04/15/2025 On page 1, beginning on line 27 of the striking amendment, after "(c)" strike all material through "(d)" on line 31 Renumber the remaining subsections consecutively and correct any internal references accordingly.
END

5313.E AMH DUFA VASE 205

1222 • Dufault

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5313.E AMH ....
VASE 205 1 - Official Print EFFECT: Revises the list of prohibited rental agreement provisions under the Residential Landlord-Tenant Act by removing the following category added by the underlying bill: Waivers of any right to bring, join, or otherwise participate in or maintain any cause of action against the tenant's landlord or the landlord's representatives or agents, including but not limited to class actions.
5313.E AMH DUFA VASE 205 ESB 5313 - H AMD TO H AMD (H-2242.1/25) 1222 By Representative Dufault NOT ADOPTED 04/15/2025 On page 1, beginning on line 23 of the striking amendment, after "(b)" strike all material through "(c)" on line 27 Renumber the remaining subsections consecutively and correct any internal references accordingly.
END

5313 AMS WAGO S1673.1

38 • Wagoner

WITHDRAWN

Plain English: 5313 AMS WAGO S1673.1 SB 5313 - S AMD 38 By Senator Wagoner WITHDRAWN 02/19/2025 On page 2, beginning on line 21, after " disputes" strike all 1 material through "notarized" on line 23 and insert " .

5313 AMS WAGO S1673.1 SB 5313 - S AMD 38 By Senator Wagoner WITHDRAWN 02/19/2025 On page 2, beginning on line 21, after " disputes" strike all 1 material through "notarized" on line 23 and insert " .
Unless the cost 2 of arbitration shall be equally shared between tenant and landlord"3 EFFECT: Requires the tenant and landlord to share the cost of arbitration equally if arbitrating disputes is placed in the rental agreement.
END --- Code Rev/AF:eab 1 S-1673.1/25

5313 AMS GOEH S1349.2

44 • Goehner

ADOPTED

Plain English: 5313 AMS GOEH S1349.2 SB 5313 - S AMD 44 By Senator Goehner ADOPTED 02/19/2025 Beginning on page 2, line 37, after " where" strike " a viable 1 alternative is available at no cost, but does not include a duty 2 required to be provided by a landlord pursuant to RCW 59.18.060 or 3 utilities that are required by the lease agreement to be paid by the 4 tenant" and insert " an equivalent is available at no cost, but does 5 not include a duty required to be provided by a landlord pursuant to 6 RCW 59.18.060 or utilities to include insurance and internet that are 7 required by the lease agreement to be paid by the tenant.

5313 AMS GOEH S1349.2 SB 5313 - S AMD 44 By Senator Goehner ADOPTED 02/19/2025 Beginning on page 2, line 37, after " where" strike " a viable 1 alternative is available at no cost, but does not include a duty 2 required to be provided by a landlord pursuant to RCW 59.18.060 or 3 utilities that are required by the lease agreement to be paid by the 4 tenant" and insert " an equivalent is available at no cost, but does 5 not include a duty required to be provided by a landlord pursuant to 6 RCW 59.18.060 or utilities to include insurance and internet that are 7 required by the lease agreement to be paid by the tenant.
Nothing 8 herein shall prohibit a landlord from automatically enrolling tenants 9 in such services, at a cost disclosed within the lease agreement, 10 upon a tenant's failure to timely perform such services that are 11 required to be performed by the tenant pursuant to the terms of the 12 lease, and the tenant shall remain responsible for reimbursing the 13 landlord for these costs.
The landlord may apply such charges as 14 additional rent" 15 EFFECT: • Alters the definition of nonessential services by requiring an equivalent service to be available at no cost for the tenant to opt out of the service, but does not include the landlord's requirement to keep the premises fit for human habitation, or utilities include insurance and internet that are required by the lease agreement to be paid by the tenant.
• Authorizes landlords to automatically enroll tenant in such services at a cost disclosed within the lease agreement.

Bill History

2025-05-07 Senate
Effective date 7/27/2025.

Official Summary Text

Rental agreement provisions

Current Bill Text

Read the full stored bill text

AN ACT Relating to adding to the list of provisions prohibited 1
from rental agreements; and amending RCW 59.18.230.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 59.18.230 and 2022 c 95 s 2 are each amended to read 4
as follows: 5
(1)(a) ((Any)) Except as provided in RCW 59.18.360, any provision 6
of a lease or other agreement, whether oral or written, whereby any 7
section or subsection of this chapter is waived ((except as provided 8
in RCW 59.18.360 and)) shall be deemed against public policy and 9
shall be unenforceable. Such unenforceability shall not affect other 10
provisions of the agreement which can be given effect without them.11
(b) Any agreement, whether oral or written, between a landlord 12
and tenant, or their representatives, and entered into pursuant to an 13
unlawful detainer action under this chapter that requires the tenant 14
to pay any amount in violation of RCW 59.18.283 or the statutory 15
judgment amount limits under RCW 59.18.410 (1) or (2), or waives any 16
rights of the tenant under RCW 59.18.410 or any other rights afforded 17
under this chapter except as provided in RCW 59.18.360 is void and 18
unenforceable. A landlord may not threaten a tenant with eviction for 19
failure to pay nonpossessory charges limited under RCW 59.18.283.20
(2) No rental agreement may provide that the tenant:21
S-0258.1
SENATE BILL 5313
State of Washington 69th Legislature 2025 Regular Session
By Senators Pedersen, Goehner, Cleveland, Hasegawa, Nobles, and
Valdez
Read first time 01/16/25. Referred to Committee on Housing.
p. 1 SB 5313
(a) Agrees to waive or to forgo rights or remedies under this 1
chapter; or 2
(b) Agrees to waive or forgo any right to bring, join, or 3
otherwise participate in or maintain any cause of action against the 4
tenant's landlord or the landlord's representatives or agents 5
including, but not limited to, class actions; or6
(c) Sign a nondisclosure agreement relating to the lease 7
agreement or details of the offer, including rent amount, security 8
deposits or fees, rent concessions, move-in gifts, or lease specials 9
or terms; or10
(d) Authorizes any person to confess judgment on a claim arising 11
out of the rental agreement; or 12
(((c))) (e) Agrees to pay the landlord's attorneys' fees, except 13
as authorized in this chapter and awarded by a court pursuant to a 14
judgment; or 15
(((d))) (f) Agrees to the exculpation or limitation of any 16
liability of the landlord arising under law or to indemnify the 17
landlord for that liability or the costs connected therewith; or18
(((e))) (g) And landlord have agreed to a particular arbitrator 19
at the time the rental agreement is entered into; or20
(((f))) (h) Agrees to arbitrate disputes, unless the landlord 21
pays the entire cost of the arbitration and the agreement is 22
notarized; or23
(i) Agrees to pay late fees for rent that is paid within five 24
days following its due date. If rent is more than five days past due, 25
the landlord may charge late fees commencing from the first day after 26
the due date until paid. Nothing in this subsection prohibits a 27
landlord from serving a notice to pay or vacate at any time after the 28
rent becomes due; or 29
(((g))) (j) Agrees to make rent payments through electronic means 30
only; or31
(k) Is required to use and pay for nonessential services. Nothing 32
prohibits a landlord from offering nonessential services, but tenants 33
must be allowed to opt out of such services without a fee if they 34
choose to not participate. For the purposes of this subsection, 35
"nonessential services" means a third-party service offered by the 36
landlord to the tenant at the tenant's cost where a viable 37
alternative is available at no cost, but does not include a duty 38
required to be provided by a landlord pursuant to RCW 59.18.060 or 39
p. 2 SB 5313
utilities that are required by the lease agreement to be paid by the 1
tenant. 2
(3) A provision prohibited by subsection (2) of this section 3
included in a rental agreement is unenforceable. If a landlord 4
knowingly uses a rental agreement containing provisions known by him 5
or her to be prohibited, the tenant may recover actual damages 6
sustained by him or her, statutory damages not to exceed two times 7
the monthly rent charged for the unit, costs of suit, and reasonable 8
attorneys' fees. 9
(4) The common law right of the landlord of distress for rent is 10
hereby abolished for property covered by this chapter. Any provision 11
in a rental agreement creating a lien upon the personal property of 12
the tenant or authorizing a distress for rent is null and void and of 13
no force and effect. Any landlord who takes or detains the personal 14
property of a tenant without the specific written consent of the 15
tenant to such incident of taking or detention, and who, after 16
written demand by the tenant for the return of his or her personal 17
property, refuses to return the same promptly shall be liable to the 18
tenant for the value of the property retained, actual damages, and if 19
the refusal is intentional, may also be liable for damages of up to 20
$500 per day but not to exceed $5,000, for each day or part of a day 21
that the tenant is deprived of his or her property. The prevailing 22
party may recover his or her costs of suit and a reasonable 23
attorneys' fee. 24
In any action, including actions pursuant to chapters 7.64 or 25
12.28 RCW, brought by a tenant or other person to recover possession 26
of his or her personal property taken or detained by a landlord in 27
violation of this section, the court, upon motion and after notice to 28
the opposing parties, may waive or reduce any bond requirements where 29
it appears to be to the satisfaction of the court that the moving 30
party is proceeding in good faith and has, prima facie, a meritorious 31
claim for immediate delivery or redelivery of said property.32
--- END ---
p. 3 SB 5313