Washington: Late Rent Fee Limits

The five-day rule and retroactive accrual

Washington Revised Code § 59.18.170(2) protects rent paid within five days after
the due date: the landlord may not charge a late fee. If the rent becomes more
than five days overdue, however, the statute allows late fees to commence from
the first day after the due date and continue until payment. The five days are
therefore a threshold, not a rule that erases days one through five once the
threshold is crossed.

The section states no dollar amount, percentage, or calculation base. It also
does not separately define whether the fee is a flat charge, a daily amount, or
another structure; it describes when "late fees" may commence and end.

What trips people up

The $75 figure is not the statewide fee cap. Section 59.18.410 limits late
fees included in a nonpayment unlawful-detainer judgment and in the amount paid
to restore the tenancy to $75 total, and only if the fees are due under the
lease. It does not rewrite § 59.18.170 into a $75 general ceiling outside that
court setting.

Payments go to rent before fees. Section 59.18.283 requires a landlord to
apply a tenant payment to rent first, before late payments, damages, legal costs,
or other fees. With the stated exception for § 59.18.410, possession cannot be
conditioned on satisfying a monetary amount other than rent.

Some older rent can never carry a late fee. Section 59.18.625 bars late
fees on rent that became due from March 1, 2020 through six months after the
eviction moratorium expired. A violation can result in a civil award of up to
two and one-half times monthly rent, plus court costs and reasonable attorney
fees.

Government-assistance timing can shift the due date. Under § 59.18.170(3),
a tenant whose primary income is regular monthly government assistance received
after the contractual due date may submit a written proposal for a new due date.
The landlord must agree if the statutory conditions are met, but the shift may
not exceed five days.

Common questions

If I pay on the fifth day after rent is due, can a fee be charged? No.
Section 59.18.170(2) bars a late fee for rent paid within five days following
its due date.

If I pay on day six, can the landlord count from day one? The statute says
that once rent is more than five days past due, late fees may commence from the
first day after the due date until paid.

Can unpaid late fees alone cause loss of possession? Generally no. Section
59.18.283 says the right to possession may not be conditioned on payment of an
amount other than rent, subject to the specific § 59.18.410 court process.

Statutes and sources

• Wash. Rev. Code § 59.18.170(2)-(3) — five-day threshold, retroactive
  commencement, and the government-assistance due-date procedure.

  The landlord may not charge a late fee for rent that is paid within five
  days following its due date. If rent is more than five days past due, the
  landlord may charge late fees commencing from the first day after the due
  date until paid.

Official source: https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.170 (accessed 2026-07-20)
- Wash. Rev. Code § 59.18.283(1)-(2) — rent-first payment application and
the possession boundary.

A landlord must first apply any payment made by a tenant toward rent before
applying any payment toward late payments, damages, legal costs, or other
fees, including attorneys' fees.

Official source: https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.283 (accessed 2026-07-20)
- Wash. Rev. Code § 59.18.410(1)-(2) — $75 total late-fee limit inside the
specified eviction judgment and tenancy-restoration calculations.

late fees if such fees are due under the lease and do not exceed $75 in
total

Official source: https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.410 (accessed 2026-07-20)
- Wash. Rev. Code § 59.18.625(1), (4) — historical protected-rent window
and its civil remedy.

A landlord may not charge or impose any late fees or other charges against
any tenant for the nonpayment of rent that became due between March 1, 2020,
and six months following the expiration of the eviction moratorium.

Official source: https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.625 (accessed 2026-07-20)