A landlord collecting a nonrefundable fee must use a written rental agreement.
The written agreement must clearly specify that the fee is nonrefundable.
Nonrefundable money may not be designated as a deposit or part of a deposit.
The statute directs the fee to be treated under RCW 59.18.260, .270 and .280 when the written agreement does not specify that it is nonrefundable.
Start with the exact lease wording
Find the exact line in the executed rental agreement or signed addendum that names the charge. The useful question is not merely whether management calls it a fee in the portal, but whether the written rental agreement clearly identifies the payment as nonrefundable.
Keep the original signed version of the agreement rather than relying only on a current portal summary that may have changed after signing.
Do not let a “deposit” label hide a nonrefundable charge
RCW 59.18.285 says nonrefundable money cannot be designated as a deposit or part of a deposit. If the property uses both words for the same payment, preserve the receipt, lease wording and any later explanation so the classification can be reviewed against the statute.
If the agreement does not clearly say nonrefundable, the statute changes the treatment
When a written rental agreement fails to specify that the fee is nonrefundable, RCW 59.18.285 says the fee must be treated as a refundable deposit under RCW 59.18.260, 59.18.270 and 59.18.280.
That means the move-in checklist, deposit trust-account requirements and post-tenancy deposit accounting can become relevant to the payment rather than the landlord treating it as an ordinary nonrefundable charge.
No written rental agreement is a separate statutory issue
RCW 59.18.285 states that if the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of nonrefundable fees collected.
RentBillCheck does not convert that sentence into an automatic claim calculator. Whether a particular payment falls within the statute and how a remedy is pursued are legal questions that depend on the facts and procedure.
Keep later fee changes on a dated record
If a nonrefundable fee appears after the tenancy begins, preserve the original lease, the first statement showing the charge and any signed amendment or later agreement that management says added the fee. The statute’s written-agreement requirement makes the document history especially important.
Documents to compare for a Washington nonrefundable-fee review
- Executed written rental agreement and all signed addenda.
- Fee schedule, move-in cost sheet or pricing disclosure.
- Receipt or ledger entry showing the amount paid.
- Language stating whether the payment is refundable or nonrefundable.
- Move-in condition checklist if the payment may instead be treated as a deposit.
- Deposit trust-account or depository notice if deposit treatment applies.
- First statement and amendment showing any fee added after signing.
- Written correspondence asking the property to identify the agreement provision supporting the fee.
Compare this topic across states
Official sources
Current Washington rule requiring a written rental agreement that clearly identifies a nonrefundable fee, prohibiting nonrefundable money from being designated as a deposit, and directing refundable-deposit treatment when the written agreement does not specify the fee is nonrefundable.
Washington State LegislatureRCW 59.18.260 — written agreement and move-in checklist ↗Primary law requiring a written rental agreement and signed condition checklist before a landlord collects a deposit, and prohibiting withholding for wear from ordinary use.
Washington State LegislatureRCW 59.18.270 — deposit trust account ↗Primary law requiring security deposits to be placed in a Washington trust account or qualifying escrow arrangement, with receipt and depository notice.
Washington State LegislatureRCW 59.18.280 — 30-day statement, documentation and refund ↗Primary law for the 30-day statement/refund deadline, invoice and estimate support, carpet-cleaning limits and remedies.