Breaking a Lease in Washington: 90-Day DV Exit and the 35-Mile Rule

By Steve Levine · Updated November 3, 2026

Short answer: Breaking a lease in Washington can cost you nothing beyond the current month if you qualify for a statutory exit: victims of domestic violence, sexual assault, unlawful harassment or stalking under RCW 59.18.575, servicemembers and their families with orders under RCW 59.18.220, and tenants whose landlord fails to fix defects under RCW 59.18.090. Anyone else who abandons a fixed-term lease owes the lesser of the remaining rent or the landlord’s actual reletting losses, because RCW 59.18.310 requires a reasonable effort to mitigate.

Breaking a lease in Washington: the key rules

Rule	Washington	Statute
DV, sexual assault, harassment, stalking	Protective order or signed third-party report; request within 90 days of the incident	RCW 59.18.575
Military, fixed-term lease	PCS or deployment orders; 20 days’ written notice with orders	RCW 59.18.220(2)
Military, month-to-month	Less than 20 days allowed if orders do not permit it	RCW 59.18.200(1)(b)
Unrepaired defects	Terminate on written notice, owe nothing after you leave	RCW 59.18.090
Abandonment, fixed term	Lesser of remaining rent or reletting-period rent plus costs; landlord must mitigate	RCW 59.18.310(1)(b)
Month-to-month notice	20 days’ written notice before the end of a rental period	RCW 59.18.200(1)(a)
Deposit statement	Within 30 days after you vacate	RCW 59.18.280(1)

Survivors of domestic violence, sexual assault, harassment or stalking

RCW 59.18.575 starts with written notice to the landlord that you or a household member was the victim of one of these crimes. You then need either a qualifying protection order (domestic violence, sexual assault, stalking or antiharassment orders under chapter 7.105 RCW, among others listed) or a written record of your report to a “qualified third party,” signed by that person.

Qualified third parties, defined in RCW 59.18.570, include law enforcement officers, court employees, licensed mental health professionals and counselors, trained advocates at crime victim/witness programs, and clergy, acting in their official capacity. The signed record gives the date, time, place and a brief description of the act, and deliberately leaves out the perpetrator’s name.

Once the order or record is made available to the landlord, you may terminate and leave without further obligation. The one firm deadline: the request must come within 90 days of the act or event behind the order or report.

What you still pay

Under RCW 59.18.575(2), you are discharged from rent for any period after the last day of the month in which you move out, but you remain liable for that month unless you also gave notice that satisfies the 20-day rule in RCW 59.18.200(1). Even if your lease says early termination forfeits the deposit, you are entitled to the full deposit back, subject to the normal deduction rules. Co-tenants who are not victims stay bound by the lease.

If the abuser is the landlord, RCW 59.18.575(3) lets you leave first and deliver the order or third-party record within seven days afterward, by mail, fax or personal delivery by a third party.

Military orders

Washington writes its own military clause into both kinds of tenancy and extends it to spouses and dependents, and to the National Guard and reserves. For a fixed-term lease, RCW 59.18.220(2) requires written notice of 20 days or more with a copy of the orders or a signed commanding officer letter confirming one of these:

PCS orders requiring a move of 35 miles or more;
a premature or involuntary discharge or release from active duty;
release from active duty when the rental is 35 miles or more from your home of record;
an order to move into government housing;
temporary duty, temporary change of station or active duty orders of at least 90 days to an area 35 miles or more away; or
change of station orders received after signing but before moving in.

For month-to-month tenants, RCW 59.18.200(1)(b) allows less than 20 days’ notice when PCS or deployment orders do not leave time for it. The federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955 also applies, makes termination of a monthly lease effective 30 days after the next rent due date, and prohibits an early termination charge.

Repairs, lockouts and entry

Washington spells out repair deadlines in RCW 59.18.070, such as 24 hours for loss of heat, water or electricity. If the landlord still fails to remedy the defect within a reasonable time after your written notice and that period, RCW 59.18.090(1) lets you terminate on written notice “without further obligation.” You owe no rent after your quitting date, get a pro rata refund of prepaid rent, and receive the deposit statement and refund under RCW 59.18.280. Learn the notice steps in our repairs and habitability guide.

A landlord who removes or excludes you without a court order violates RCW 59.18.290(1), and you may recover possession or terminate the lease, plus actual damages. Entry abuse is treated differently: RCW 59.18.150 requires at least two days’ written notice (one day to show the unit) and bars entry used to harass you, but the remedy is up to $100 per violation after notice, not a termination right.

Leaving without a statutory reason

If you default on rent and make clear you will not return, RCW 59.18.310 treats that as abandonment, and the landlord “shall make a reasonable effort to mitigate the damages.” For a fixed-term lease you owe the lesser of:

the entire rent for the rest of the term; or
rent accrued while the unit is reasonably being re-rented at a fair rental, plus any shortfall between the fair rental and your rent, plus the landlord’s actual reletting costs, court costs and reasonable attorney’s fees.

For a month-to-month tenancy, abandonment leaves you owing 30 days’ rent from the earlier of the date the landlord learns you left or your next rent due date. Simply giving 20 days’ written notice avoids even that.

Early termination clauses and lease-break fees are common in Washington leases. Weigh the fee against the RCW 59.18.310 formula, and remember that a statutory exit under RCW 59.18.575 overrides a deposit-forfeiture clause. If you want to sublet or assign, follow the lease’s procedure and get written consent before a new occupant moves in.

Worked example near Joint Base Lewis-McChord

Keisha rents a Tacoma apartment for $1,800 a month on a lease ending October 31. She takes a job in another state and moves out June 30 after telling her landlord in writing on June 5. The landlord lists the unit and a new tenant moves in August 1 at the same rent. Advertising and screening cost the landlord $250.

Under RCW 59.18.310(1)(b), Keisha compares $7,200 (July through October) with July’s rent of $1,800 plus $250 in reletting costs, or $2,050. She owes the lower figure. Try your own numbers in the break-lease cost calculator.

Now make Keisha’s spouse an Army specialist with PCS orders to a base 1,000 miles away. Under RCW 59.18.220(2), she can end the fixed-term tenancy by giving 20 days’ written notice with a copy of the orders, without waiting for the landlord to re-rent.

The deposit when you leave early

Within 30 days after the tenancy ends and you vacate, or within 30 days after the landlord learns of an abandonment, RCW 59.18.280(1) requires a full and specific statement of the basis for keeping any of the deposit, with supporting documentation, plus any refund. Rent you owe under RCW 59.18.310 can be listed there. See our Washington security deposit guide for penalties when a landlord misses the deadline.

How to give notice and document your move-out

Give written notice and keep a copy and proof of delivery. Match the 20-day timing in RCW 59.18.200 or 59.18.220 when it applies.
Attach the protection order, third-party record, or military orders the statute names.
Leave a forwarding address for the deposit statement.
Photograph or video the unit at move-out and keep your key-return receipt.

The move-out checklist lists everything to photograph.

Frequently Asked Questions

Is there a deadline to break a Washington lease after domestic violence?

Yes. Under RCW 59.18.575(1)(b), your request to terminate must come within 90 days of the act or event behind the protection order or the report to a qualified third party.

Do I need a police report to use the Washington domestic violence exit?

No. A signed written record of your report to a qualified third party, such as a licensed counselor, a trained victim advocate or clergy member, works in place of a protection order. Police are one option among several.

Does the Washington military rule cover my spouse?

Yes. RCW 59.18.220(2) and 59.18.200(1)(b) apply to a servicemember’s spouse or dependent who is the tenant, and to National Guard and reserve members.

My lease says I forfeit my deposit if I leave early. Is that enforceable?

Not if you terminate under RCW 59.18.575; that section entitles you to the full deposit despite such a clause, subject to ordinary deductions. For other early exits, the landlord must still justify every deduction under RCW 59.18.280.

This guide is general information, not legal advice. For help with your case, contact WashingtonLawHelp.org, review the Washington Attorney General’s landlord-tenant page, or use LSC’s legal help finder. See other states on the breaking a lease by state hub.

Sources

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