Understanding Washington tenant screening laws is essential for landlords who want to protect their rental business and stay compliant. These regulations outline what information can be collected, how it must be disclosed, and the rights of applicants throughout the process. With guidance from trusted platforms like LeaseRunner, landlords can streamline screening, reduce risks, and build stronger tenant relationships.
Washington Tenant Screening Laws Under Federal Regulations
Understanding how federal rules apply is essential for both landlords and renters. Below are two key areas that shape tenant screening practices in Washington.
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a nationwide law that governs how consumer credit information is collected and used in Washington rental application laws and decisions. Under the FCRA, landlords must:
- Get written consent before pulling a tenant’s credit report.
- Provide a pre-adverse action notice if they plan to deny or impose conditions, giving the applicant time to dispute errors.
- Issue an adverse action notice explaining the reason for denial or any added conditions, such as requiring a larger deposit.
For tenants, this ensures access to credit reports, the right to dispute inaccuracies, and transparency in the rental decision-making process. For landlords, complying with the tenant screening in Washington helps reduce legal risk and promotes fair rental practices. You can review more landlord-tenant laws to understand how these rules work across different states.
HUD Fair Housing Guidance on Criminal Records
The U.S. Department of Housing and Urban Development (HUD) also provides rules under the Fair Housing Act (FHA) that affect how criminal records are used in tenant background checks in Washington. Blanket bans on applicants with criminal histories may be discriminatory, especially if they disproportionately affect protected groups.
HUD recommends landlords take an individualized approach, considering factors like:
- The nature and severity of the offense
- How recent the conviction was
- Whether the issue is relevant to tenant safety or property protection
This guidance helps landlords stay compliant with Washington background check rules while promoting equal housing opportunities. It also protects tenants’ rights by ensuring criminal history reviews are fair and not automatically disqualifying.
State-Specific Tenant Screening Laws in Washington
When renting in Washington, both landlords and tenants need to understand the rules that guide the screening process. Washington state landlord-tenant law establishes clear obligations for property owners and important rights for applicants.
Required Pre-Screening Disclosures (RCW 59.18.257)
Before collecting any screening information, landlords must follow disclosure rules set out in RCW 59.18.257, also called the Fair Tenant Screening Act. This law requires landlords to give applicants written or posted notices explaining:
- What type of information will be reviewed, such as credit reports, rental history, or criminal records?
- The criteria that could lead to denial.
- The name and address of the consumer reporting agency used.
- A tenant’s right to receive a free copy of their report and to dispute errors if an adverse action is taken.
If a landlord operates a rental website, it must also state whether Comprehensive Reusable Tenant Screening Reports are accepted. Landlords who fail to comply may face penalties of up to $100 plus legal costs and attorney’s fees.
Comprehensive Reusable Tenant Screening Report
Washington recognizes Comprehensive Reusable Tenant Screening Reports, often referred to as Portable Tenant Screening Reports (PTSRs). These reports include background information such as credit history, eviction records, and criminal checks. Washington PTSRs remain valid for 30 days.
Landlords have the right to accept or reject these portable reports, but they must make their policy clear in rental ads, applications, or on their websites. If a landlord does accept a CRTSR, they cannot charge tenants an additional screening fee. This rule protects renters from unnecessary costs while ensuring transparency in the rental house background check process.
To simplify the process, many landlords rely on tenant screening tools like eviction checks to verify applicant history quickly and accurately.
Seattle’s Restrictions on Criminal History Checks
Seattle has its own additional layer of protection under the Fair Chance Housing Ordinance (SMC 14.09). This local rule prevents landlords from automatically rejecting applicants solely because of criminal history, except in narrow cases involving registered sex offenders.
Landlords may still run criminal background checks, but they cannot use the results to discriminate unless the history shows a direct threat to safety or property. Although a 2023 court decision lifted Seattle’s earlier ban on even asking about criminal history, restrictions remain in place to stop unfair exclusions. These rules go beyond general Washington tenant screening laws and closely follow HUD guidance on fair housing.
Allowable Tenant Screening Criteria in Washington
When reviewing rental applications, Washington landlords must follow clear rules. These criteria help protect tenant rights while giving property owners a consistent framework for decision-making.
Written Screening Policy Requirements for Landlords
Under RCW 59.18.257, landlords must give every applicant a written screening policy before charging a fee. This policy explains the standards used to approve or deny applications. To stay compliant with Washington tenant screening laws, the policy should be:
- Transparent and disclosed upfront
- Consistent and non-discriminatory
- Aligned with fair housing and consumer protection rules
Most written policies outline expectations for credit scores, rental history, verifiable income, and—where allowed—criminal background considerations. Landlords often rely on lease agreement templates to document screening policies and set clear expectations with tenants.
Credit & Rental History
Credit and rental records help landlords evaluate reliability. Acceptable criteria may include a minimum credit score or no recent evictions. However, landlords must follow the Fair Credit Reporting Act (FCRA) and federal fair housing laws. Denials based on past evictions, late payments, or rental damages must be applied uniformly. This is central to the background check for renters in Washington.
Income & Employment Verification
To confirm financial stability, landlords can request proof of income through pay stubs, tax returns, or employer verification. A common guideline is that an applicant’s income should be at least three times the monthly rent. These requirements to rent a house in Washington also protect applicants using lawful income sources, such as housing vouchers.
Criminal History
Statewide, landlords may review criminal history but must use an individualized assessment rather than blanket bans. Factors like the severity of the offense, how long ago it occurred, and evidence of rehabilitation must all be weighed. For example, some landlords may set thresholds such as excluding recent misdemeanors within three years or felonies within seven years.
Seattle enforces stricter rules, barring landlords from denying applicants solely for criminal records—except for sex offenders or clear safety risks. This local protection strengthens fair housing and promotes equal access to housing opportunities.
How Much Landlords Can Charge Tenant Screening Fees
Before charging a tenant screening fee, landlords in Washington must comply with state rules that limit costs and protect applicants. These laws ensure fairness and transparency during the rental application process.
Application Tenant Screening Fee Cap
Under Washington tenant screening laws, there is no statewide dollar cap on application or screening fees. However, landlords cannot charge more than their actual out-of-pocket costs. These costs may include:
- Fees paid to consumer reporting agencies for credit or background checks
- Long-distance phone calls to verify employment or rental history
- Administrative time spent confirming references
Importantly, the fee must reflect true expenses—it cannot be inflated for profit. Across Washington, most application fees range between $35–$50, depending on the local market and services used. For more compliance clarity, landlords should also review rules about landlord entry without permission in Washington and repair obligations, which directly affect rental relationships.
Receipt Requirements & Refund Rules
Landlords also have legal obligations when collecting tenant screening fees. A receipt must always be issued, and the fee can only be collected after providing the required pre-screening disclosures.
If the landlord fails to run a screening, or if the amount charged is higher than actual costs, the excess must be refunded. Washington law also prohibits charging an additional fee when a tenant provides a valid Portable Tenant Screening Report (PTSR)—a cost-saving protection for renters. These rules balance tenant rights and protections with the landlord’s need to verify applicants, ensuring transparency in the application process.
A Practical Guide to the Washington Tenant Screening Process
Washington landlords must follow a structured tenant screening process to stay compliant and select qualified tenants. Under Washington tenant screening laws, each step—from advertising to final decision—requires transparency, fairness, and written criteria.
Step 1: Collect Applications and Screening Fees
Start by collecting rental applications that include essential details like rental history, income, and references. Screening fees should reflect only the actual cost of reports, and receipts must be provided. Always obtain written consent before running background or credit checks to stay compliant with federal and state regulations.
Step 2: Process Applications
Carefully review each application for accuracy and completeness. Verify employment and income (usually 2.5–3x monthly rent) and contact prior landlords to confirm rental behavior. Watch for red flags such as incomplete data, inconsistent information, or unverifiable income sources.
Step 3: Run a Washington Tenant Screening Report
Landlords should run comprehensive reports covering credit history, eviction records, criminal background, and income verification. Washington law allows landlords to decide whether or not to accept PTSRs. If you accept them, disclose this clearly in your listing.
Remember: You must obtain the applicants’ consent before accessing applicant data.
One of the most reliable tenant screening service providers in Washington is LeaseRunner digital platform offers an all-inclusive package, giving accurate and secure results.
Step 4: Evaluate & Make the Final Decision
Compare findings against your documented rental criteria while ensuring fair housing compliance. Consider mitigating factors, such as minor credit issues, that may not impact tenant reliability. If multiple applicants qualify, create a fair ranking system and keep written records to protect against disputes.
Step 5: Issue Decision Notice
Notify successful applicants promptly with an approval letter. If denying an application, issue an adverse action notice explaining the reasons, the reporting agency used, and the applicant’s right to dispute errors. This transparency keeps landlords compliant with Fair Credit Reporting Act (FCRA) standards and protects tenant rights.
Tenant Rights During the Tenant Screening Process
Before renting a home in Washington, both landlords and tenants must follow clear rules during the tenant screening process. Under Washington tenant screening laws, renters are protected by federal and state regulations that safeguard their privacy, ensure accuracy of reports, and require landlords to provide proper disclosures.
Tenant Privacy Rights & Access to Screening Report
Tenants cannot be screened without written consent. Both the Fair Credit Reporting Act (FCRA) and Washington state law limit how landlords can use personal data, ensuring it’s only for housing decisions. If a landlord decides to take adverse action—such as denying the rental—tenants have the right to request a free copy of the tenant screening report. This gives renters transparency into what information was used.
Dispute Against Inaccurate Information
Mistakes happen in consumer reports, and tenants are not left without remedies. If the screening report includes inaccurate or outdated information, renters may file a dispute directly with the consumer reporting agency. By law, the agency must investigate within 30 days. Landlords are also required to share the agency’s contact details in the adverse action notice so tenants know exactly where to file their claim.
Adverse Action — What Tenants Must Receive
When a landlord denies an application or imposes conditions (like requiring a larger deposit), they must issue a written adverse action notice. This notice should clearly explain the reasons behind the decision, the source of the tenant screening report, and the renter’s right to both a free copy of the report and the ability to dispute errors. These disclosures help balance landlord regulations with tenant rights and protections.
Best Practices for Washington Landlords to Stay Compliant
Navigating Washington tenant screening laws can feel overwhelming. The key is balancing legal compliance with practical steps that protect both landlords and tenants. Below are proven strategies to streamline your process.
1. Establish Clear Screening Standards
Create a written policy with measurable criteria—credit score minimums, income ratios (commonly 3x monthly rent), and case-by-case review of criminal history. Consistent standards reduce the risk of discrimination claims and align with RCW 59.18.257.
2. Provide Mandatory Disclosures Upfront
Before charging any application fee, issue notices outlining what information will be used, denial factors, and whether you accept portable tenant screening reports (PTSRs). Standardized adverse action templates help ensure fair housing compliance.
3. Use Compliant Screening Services
Work only with FCRA-compliant providers. Platforms like LeaseRunner support PTSRs, allowing applicants to reuse reports across multiple rentals. This saves time while respecting tenant rights in Washington.
4. Evaluate Criminal Records Individually
Avoid blanket bans. Review criminal background checks for recency, relevance, and context. Document your reasoning to defend against fair housing disputes, especially since Seattle imposes stricter local limits.
5. Verify Income and Rental References Carefully
Confirm employment, income, and rental history directly with employers and past landlords. Tools such as LeaseRunner’s income verification keep the process accurate without violating privacy laws.
6. Keep Thorough Records
Maintain all applications, communications, and decisions for at least seven years. Proper documentation protects you if disputes or audits arise.
7. Stay Current on Law Changes and Train Staff
Washington tenant screening laws evolve quickly. Regularly review updates—including Seattle ordinances—and train property managers on compliance. This reduces liability and keeps operations consistent.
Conclusions
Following Washington tenant screening laws helps landlords avoid legal issues. It also promotes transparency and fairness in renting. Property owners can confidently screen applicants by setting clear criteria, giving proper disclosures, and using reliable services like LeaseRunner.
This approach also respects tenant rights. Staying updated on changing state and local laws helps landlords stay compliant. This also protects their investments and supports long-term stability in their rental properties.
FAQs
Q1. What background checks can landlords run in Washington?
Landlords may obtain credit reports, criminal history, eviction or civil court records, and prior rental history or references. They must get tenant consent and follow disclosure rules under RCW 59.18.257.
Q2. What are the rent control laws in Washington?
Under HB 1217, landlords may not increase rent for current tenants by more than 7% plus inflation or 10%, whichever is lower. For manufactured homes, the cap is 5%. These restrictions last 15 years.
Q3. Can landlords charge applicants for screening reports?
Yes, but only the actual cost incurred (or customary cost for the area). They must provide written disclosures before charging.
Q4. What must landlords include in an “Adverse Action Notice”?
They must give it in writing and explain the reasons: e.g., negative information in a credit report, criminal or civil records, rental or employment references. They must also list the consumer reporting agency used.
