Washington rental application fee law: notice first, actual cost only and reusable reports
RCW 59.18.257 does not set a dollar cap on screening charges. It sets a sequence: tell the applicant in writing what you will look at and why you might deny, say whether you accept a reusable screening report, and only then charge for the cost of the report.
What must you tell the applicant first?
Before obtaining any information about a prospective tenant, the landlord must notify the applicant in writing, or by posting, of four things. The statute puts the notice ahead of the fee, so a charge taken before the notice is a violation even if the amount is fair.
- The types of information that will be accessed to screen the applicant.
- The criteria that may result in denial of the application.
- If a consumer report is used, the name and address of the consumer reporting agency, the applicant's right to a free copy of the report after a denial or other adverse action, and the right to dispute inaccurate information.
- Whether the landlord will accept a comprehensive reusable tenant screening report made available by a consumer reporting agency.
What can you charge?
Under subsection (1)(b), a landlord may charge a prospective tenant for the costs of obtaining a tenant screening report only if the notice above was given. A landlord who does the screening personally may charge actual costs of getting the background information, again only after the notice. The amount may not exceed the customary costs charged by a screening service in the general area. Actual costs include long distance calls and time spent calling landlords, employers and financial institutions.
Notice what is missing: there is no flat dollar limit, no receipt rule and no refund rule in this section. The limit is cost, and the measure for your own screening is what a screening service customarily charges nearby.
How do reusable screening reports work?
The statute asks every landlord to decide and say whether it accepts a comprehensive reusable report. A landlord with a website advertising rentals, or providing information to current or prospective tenants, must state on the property's home page whether it accepts one (subsection 2). If the landlord says it will accept one, it may still look at its own screening report about the applicant, but it cannot charge the applicant for that report.
Example a made-up landlord says it accepts reusable reports. An applicant hands over a report that cost the applicant $39. The landlord also pulls its own $29 report for comparison. Because the landlord accepted reusable reports, the $29 cannot be charged to the applicant.
What happens after an adverse action?
If you reject an applicant, approve with conditions, or require an increased deposit, a qualified guarantor, last month's rent or a higher monthly rent, subsection (1)(c) requires a written adverse action notice that states the reasons. The statute prints a substantially similar form that names the basis, such as a consumer report (with the agency's name, address and phone), insufficient credit information, rental history, criminal record, civil record or employment verification, and it notes that chapter 19.182 RCW may require more.
A landlord who violates subsection (1) can be liable to the applicant for up to $100, and the prevailing party may recover court costs and reasonable attorneys' fees (subsection 3).
How DoorKeeping fits
DoorKeeping keeps the notice text, the date each applicant saw it and the reusable-report choice with each unit's application link, so the order of events is provable. The adverse action form is drafted from the checks on the application for you to review. Tenants never pay a fee to DoorKeeping. Screening is passed through at cost. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it. The text I read was the version published by the Washington Legislature, certified 7/12/2024, so check for later amendments.
Sources
Questions
- Is there a maximum application fee in Washington?
- No dollar cap is stated. A landlord may charge for the cost of the screening report, or for its own screening at actual cost not above a screening service's customary charge, and only after the required written notice.
- Can a Washington landlord charge for its own report if it accepts reusable reports?
- It may look at its own report, but it cannot charge the applicant for it.
- What is the penalty for skipping the notice?
- Up to $100 to the applicant, and the prevailing party may recover court costs and reasonable attorneys' fees.