Washington military lease termination: 20 days' notice, orders attached, and a 35-mile test
RCW 59.18.220(2) lets a Washington tenant who is in the armed forces, including the National Guard and reserves, or that tenant's spouse or dependent, end a fixed-term lease after getting permanent change of station or deployment orders. The tenant gives at least 20 days of written notice with a copy of the orders or a signed letter from the commanding officer.
Who can end a Washington lease under RCW 59.18.220?
The section covers a tenant who is a member of the armed forces, and it names the national guard and the armed forces reserves. It also lets that tenant's spouse or dependent act. The right applies to a tenancy for a specified time, which in practice means a lease with an end date. This is a state rule, so it sits next to the federal SCRA lease rule and does not replace it.
The state text lists six situations. Most of them turn on a distance of 35 miles from the rental.
- Permanent change of station orders that require a move of 35 miles or more from the rental.
- A premature or involuntary discharge or release from active duty.
- Release from active duty after the member leased the unit while on active duty, when the unit is 35 miles or more from the member's home of record before entering active duty.
- A commanding officer directs the member into government provided housing after the lease was signed.
- Temporary duty, temporary change of station or active duty orders to an area 35 miles or more away, for a period of at least 90 days.
- The member signed the lease but, before taking possession, receives change of station orders to an area 35 miles or more away.
What notice must the tenant give?
Before ending the tenancy, the tenant, or the spouse or dependent, gives written notice of 20 days or more. The notice must include a copy of the official military orders or a signed letter from the service member's commanding officer confirming that one of the six criteria is met. A text message or a phone call is not what the statute describes, so ask for the written notice and the attachment before you treat the lease as ended.
Example a made-up tenant in Spokane hands the owner a written notice on March 1 with a copy of PCS orders to a base 300 miles away. Twenty days is March 21 at the earliest, so the owner calendars March 21 as the first date the tenant may be out, and files the orders with the lease.
What about rent owed and the deposit?
RCW 59.18.220 says the tenant may end the tenancy on the notice described. It does not say how rent is prorated, whether the lease's early termination fee applies, or how the deposit is handled. The owner is left with the lease and the general deposit rules for those questions. Because the section gives the tenant a right to end the tenancy, a clause charging a fee for a covered exit is a clause to have checked before you collect on it.
Keep the move-out inspection and the deposit accounting the same as for any other tenant. Treat the end of the tenancy as an ordinary move-out with a known date.
What should an owner do when the notice arrives?
- Date-stamp the notice and keep the original.
- Confirm the attachment: official orders, or a signed commanding officer letter.
- Match the orders to one of the six criteria and write down which one.
- Count 20 days from the day you received it.
- Schedule the move-out inspection and start showing the unit.
If the orders do not fit any of the six criteria, for example a move of less than 35 miles, say so in writing and point to the lease. The federal SCRA may still apply on its own terms, so read both before you answer.
How DoorKeeping fits in Washington
DoorKeeping keeps the tenant's notice, the attached orders and your reply in the lease record, and calendars the end date, so the paper trail is in one place. A rent credit, a refund or any legal notice goes through your one-tap approval. This is general information, not legal advice. Check the current statute and your lease, and ask your own advisor about a specific tenant.
Sources
Questions
- Does the Washington National Guard count?
- Yes. RCW 59.18.220(2) names members of the armed forces, including the national guard and armed forces reserves, and the tenant's spouse or dependent.
- How much notice does a Washington military tenant give?
- Written notice of 20 days or more, with a copy of the official orders or a signed letter from the commanding officer.
- Does a move of less than 35 miles qualify in Washington?
- Not under the criteria in RCW 59.18.220(2) that turn on distance. Other criteria, such as a discharge or a directive into government housing, do not use the 35-mile test.