Key answer: No statewide cap — some cities and counties have caps. 5 days — no fee until rent is more than 5 days past due.
| Rule | Detail |
|---|---|
| Fee cap | No statewide cap — some cities and counties have caps |
| Grace period | 5 days — no fee until rent is more than 5 days past due |
| Must be in lease? | Best practice — state the fee in the lease |
| Source | RCW 59.18.170 |
If $1,500 rent is due on the 1st, Washington law bars a late fee while payment is within the five days following the due date. If the rent remains unpaid after that protected period, RCW 59.18.170 allows a lease-authorized fee to run from the first day after the due date. There is no statewide dollar formula in that section, and local rules may be stricter.
The five-day protection delays when a landlord may charge the fee; it does not necessarily erase the earlier late days once rent is more than five days past due. The same statute also lets a tenant request a written due-date change of up to five days when regular monthly government assistance arrives after the contractual due date and the statutory conditions are met.
What is the maximum late fee a landlord can charge in Washington?
No statewide cap — some cities and counties have caps.
When can a landlord charge a late fee in Washington?
In Washington, a late fee cannot be charged until rent is more than 5 days past due.
Does the late fee have to be in the lease in Washington?
Best practice — state the fee in the lease.
Can a landlord charge a daily late fee in Washington?
Only if the lease allows it and the total charge stays reasonable — courts may treat very high daily charges as penalties.
What happens if a landlord charges an excessive late fee in Washington?
A fee the court considers a penalty rather than compensation may be refused or voided as unconscionable.
Washington: rent increases generally need 90 days' notice; EHB 1217 (2025) caps annual increases at 7% + CPI (maximum 10%) and bars increases in the first 12 months of a tenancy.
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Not legal advice. Verify against your lease and local rules.
Calculate your Washington late fee