What late fees can a landlord charge in Washington?
Washington sets no statewide dollar or percentage cap on residential late fees, but a landlord may not charge any late fee when rent is paid within five days of the due date — a statutory grace period under RCW 59.18.170(2).
The five-day rule has a sting in its tail: if rent goes more than five days late, the statute lets fees accrue retroactively from the first day after the due date, not just from day six — though nothing stops a pay-or-vacate notice from being served as soon as rent is due. The fee must be provided for in the rental agreement, tenants whose primary income is monthly government assistance arriving after the rent date have a statutory right to demand a due date up to five days later, and cities and counties are increasingly active here: several localities cap late fees or ban notice-service fees, so the lease and the local code both need checking. One caution for anyone reading 2025 coverage: early versions of the rent-stabilization bill would have capped late fees at 1.5% of monthly rent statewide, and some summaries still repeat that figure, but it did not become law for standard rentals — manufactured-home communities have their own separate fee limits.
Washington late fees at a glance
| Statutory cap | No statutory cap (see reasonableness standard and notes) |
|---|---|
| Mandatory grace period | 5 days |
| Must be in the lease | Yes |
| Daily fees | No statewide statute caps or structures fee amounts for standard residential tenancies; daily fees are a lease matter subject to reasonableness, and several cities cap late fees locally (out of scope v1). |
| Reasonableness standard | No statewide amount cap exists for standard residential tenancies. RCW 59.18.170(2) bars charging any late fee for rent paid within five days after the due date — but if rent is more than five days past due, fees may be charged 'commencing from the first day after the due date until paid,' i.e., retroactively to day one. Committee-stage versions of HB 1217 (2025) contained a 1.5%-of-monthly-rent late fee cap that was not enacted for standard rentals; manufactured/mobile-home tenancies have their own fee limits under ch. 59.20 RCW. |
Notes and caveats
Common questions: Washington late fees
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Is there a legal limit on late fees in Washington?
- No statutory cap (see reasonableness standard and notes). No statewide amount cap exists for standard residential tenancies. RCW 59.18.170(2) bars charging any late fee for rent paid within five days after the due date — but if rent is more than five days past due, fees may be charged 'commencing from the first day after the due date until paid,' i.e., retroactively to day one. Committee-stage versions of HB 1217 (2025) contained a 1.5%-of-monthly-rent late fee cap that was not enacted for standard rentals; manufactured/mobile-home tenancies have their own fee limits under ch. 59.20 RCW.
- Is there a grace period before rent is late in Washington?
- 5 days.
- Does a late fee have to be written into the lease in Washington?
- Yes — in Washington a late fee must be stated in the lease.
- Can a landlord charge a daily late fee in Washington?
- No statewide statute caps or structures fee amounts for standard residential tenancies; daily fees are a lease matter subject to reasonableness, and several cities cap late fees locally (out of scope v1).
Statute citations
- RCW 59.18.170 (2)-(3) Official source
How this record was verified: Direct read of statute text on the official Washington Legislature site (app.leg.wa.gov): RCW 59.18.280 (full text, current through the 2023 c 331 amendments), RCW 59.18.610 and 59.18.253 (full text); RCW 59.18.170 and RCW 59.18.150 full texts read 2026-07-09 (upgrading them from the 2026-07-08 multi-source corroboration). HB 1217 (2025) rent stabilization provisions (RCW 59.18.700-.730, amended 59.18.140) verified against the Washington Attorney General's official landlord-tenant page and Know Your Responsibilities flyer and the Department of Commerce's official HB 1217 Landlord Resource Center (which publishes the annual cap; re-read raw in the browser pane 2026-07-16 — 9.683% for calendar 2026, and the 2027 figure is now published: 10%, because 7% + June 2026 Seattle CPI = 11.53% exceeds the 10% statutory ceiling, so the ceiling controls). RCW 59.18.260, .270, and .285 confirmed across the official AG page, Seattle SDCI, and consistent legal-aid sources. IMPORTANT verification note: committee-stage bill reports of HB 1217 describe a one-month residential deposit cap and a 1.5% late-fee cap that are NOT in the enacted law for standard residential tenancies — those limits apply to manufactured/mobile-home tenancies (ch. 59.20 RCW) per the AG's post-enactment flyer; current legal-aid guidance confirms no statewide residential deposit or late-fee amount cap.