Under RCW 59.18.170, a Washington landlord may not charge any late fee on rent paid within five days of its due date; a fee may begin only once rent is more than five days past due. The statute sets no specific dollar cap, though some cities and counties impose stricter local limits.
RCW 59.18.170 provides that 'the landlord may not charge a late fee for rent that is paid within five days following its due date,' and that '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.' The Residential Landlord-Tenant Act sets no specific maximum dollar amount or percentage for the late fee itself — the statutory restriction is the mandatory five-day grace period. A tenant whose primary source of income is monthly governmental assistance received after the rent due date may request, and the landlord must allow, a later due date matching that schedule. Some cities and counties impose stricter local caps.
No specific statutory penalty. A late fee charged within the five-day grace period violates RCW 59.18.170 and is unenforceable; an unlawful fee cannot be the basis for a nonpayment eviction, and a tenant may recover it along with costs in an appropriate action.
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