Waiver of Residential Landlord-Tenant Act Unenforceable

The information on this page regards landlord-tenant law only in the state of Washington. Even for Washington, while we strive to keep the content of this website current, the law changes and the content of this page may not be up to date. Also, the information is general in nature and is not a substitute for legal advice about your circumstances.

The Landlord-Tenant Act prohibits waiver of its provisions.

Any provision of a lease or other agreement, whether oral or written, whereby any section or subsection of this chapter is waived except as provided in RCW 59.18.360 and shall be deemed against public policy and shall be unenforceable. Such unenforceability shall not affect other provisions of the agreement which can be given effect without them.

RCW 59.18.230(1).

A very seldom used section of the Landlord-Tenant Act provides a exception to unenforceability of waivers if certain fairly burdensome conditions are met.

A landlord and tenant may agree, in writing, to exempt themselves [from provisions of the Landlord-Tenant Act] if the following conditions have been met: (1) The agreement may not appear in a standard form lease or rental agreement; (2) There is no substantial inequality in the bargaining position of the two parties; (3) The exemption does not violate the public policy of this state in favor of the ensuring safe, and sanitary housing; and (4) Either the local county prosecutor’s office or the consumer protection division of the attorney general’s office or the attorney for the tenant has approved in writing the application for exemption as complying with subsections (1) through (3) of this section.

RCW 59.18.360.