As a landlord, when a tenant vacates the premises before the conclusion of a fixed-term lease in Washington without fulfilling the remaining rent obligations, it is referred to as breaking the lease. There are, however, justifiable and unjustified reasons for breaking a lease early.
If a tenant has a justifiable reason for early lease termination in Washington, they still have to provide a proper written notice to the landlord. If a tenant breaks a lease and meets the legal grounds for doing so, you, as the landlord, need to know how to proceed. If the tenant seeks to break their lease without a valid cause, you need to know how to protect yourself to uphold legal compliance.
Based on the complexities of lease terminations, knowing your rights and obligations as a landlord under state law is vital. Be that as it may, the terms of the lease ultimately dictate the consequences of breaking a lease early before the lease term ends. Our team here at T-Square Property Management would like to inform you of what you need to know about early lease breaking in Washington.
Renters’ Rights and Responsibilities When Signing a Lease
A lease agreement obligates both the tenant and landlord to adhere to its terms for the entire lease term. In the state of Washington, for instance, unless a lease ends, a landlord cannot enact a rent increase or change other terms unless allowed in the lease.
Washington landlords also cannot force their tenant to move out without a valid reason, unless they violate the Washington lease agreement. And even then, they have to follow the due legal process. For example, under the Washington Rev. Code Ann. § 59.12.030(3) statute, landlords are required to serve their tenants a 3-day notice to comply and pay the rent or leave. When you provide the written notice, the tenant then has a three-day notice period to remedy the late payments or leave.
If the tenant causes any serious damage to the rental unit or is guilty of lease violations, the landlord is mandated to serve them with an unconditional quit notice.
Under the lease, tenants are legally bound and under a financial obligation to pay rent for the full lease term (usually one year), regardless of whether they continue living in the rental unit or not. There are instances in which a tenant can legally break the rental agreement and end the tenancy before the remaining lease term ends, they are as follows:
Unlawful Harassment by the Landlord
If landlords repeatedly violate a tenant’s rights to privacy, the tenant may have grounds to break/terminate it. The tenant may also break the lease if their landlord changes the locks or turns off their utilities. A judge might rule that the tenant has been “constructively evicted,” and therefore rule in their favor.
To avoid legal action in small claims court and potential lease termination and abide by Washington State Laws, landlords must ensure that they give a one or two-day written notice before entering a rental property. They must also provide all services promised in the lease.
They’re a Victim of Stalking or Domestic Violence
Under Washington Rental laws, a tenant can break a lease if they’re a victim of domestic violence or stalking. There’s a caveat though: they need to show proof of the domestic violence crimes, like a police report to their landlord.
The Landlord isn’t Taking Action to Fix Property Issues within a Specified Timeframe
It’s a tenant’s right to live in habitable housing under Washington law and local and state housing codes, and a landlord’s duty to provide a rental unit that meets these conditions. A court might rule that a tenant has been “constructively evicted” if a landlord does not remedy uninhabitable living conditions.
As a landlord, make sure to take all maintenance requests seriously and perform regular unit inspections to catch issues or lease violations before they become serious problems. Make sure to give tenants proper notice before entering the property and provide them with updates as you work to rectify issues.
The Tenant is Called to Active Military Duty
According to the Civil Relief Act, a tenant has the right to terminate a lease if they enter active military service, or other uniformed services after signing a lease agreement. They are required to give landlords a written notice stipulating their intent to join active military service. Once the landlord has the notice, the tenant will have 30 days before the lease term ends.
There’s an Early Termination Clause in the Lease
A growing trend among landlords is the incorporation of an early termination provision in lease agreements. This provision permits tenants to conclude their lease before the rental period’s end, albeit with the condition of paying a penalty fee and providing a certain amount of notice. The determination of this fee is at the discretion of landlords, with some opting for an amount akin to two months’ rent.
When Breaking a Lease in Washington is Not Legally Justified
Legally unjustified circumstances for a broken lease under Washington law include:
- Moving to be closer to family
- Relocating for school or work
- Looking to downsize their living arrangements
That said, even with the absence of a legal justification to break a lease during their tenancy, under Washington landlord-tenant law, the tenant may not have to pay the total remaining rent due under the lease.
They’ll only pay rent that the landlord loses as a result of terminating the lease early. If the owner has to re rent the unit at a lower amount than the one originally stated in the lease to a replacement tenant, it’s the prior tenant’s financial responsibility to compensate for the lost rent payments. Other charges that the tenant may have to pay the landlord include:
- The cost of advertising the property, and;
- Tenant screening costs. The rental owner doesn’t need to relax standards for acceptable Washington State tenants.
Tenants will only be liable for the amount of time the unit was vacant if landlords can fill the vacancy early, and landlords must attempt to do so with reasonable efforts. However, if it takes a longer time to get a new tenant and secure future housing, the financial penalties could be substantial. What’s more, when a tenant breaks the lease early, they aren’t typically entitled to their security deposit.
Bottom Line
Knowing your legal rights as a landlord in Washington State can protect you from costly missteps when a tenant is breaking a lease. Whether you work with an experienced attorney or a trusted property manager, they can help you mitigate damages and follow proper procedures without incurring penalties. Having the right support helps ensure you stay compliant and financially protected.
By understanding the justified and unjustified reasons for lease termination, landlords can protect their investments and keep their rental business legally compliant. If you have further questions, consider working with the experts at T-Square Properties today!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal assistance. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.