Can a landlord charge for a pet in Washington, and what does the law require for an assistance animal?
Washington has no pet-deposit statute and no cap on a residential security deposit at all, so a pet deposit, a pet fee and pet rent are whatever the lease says.
Cited to RCW 59.18.030 definition of "Rent" or "rental amount" and 26 more cited sources · Verified September 20, 2026
The catch is in the labeling: money that is not refundable may not be called a deposit, a fee that is not refundable must be identified as such in a written rental agreement or it converts into a refundable deposit, and a tenant who asks in writing may pay deposits and fees in two or three equal monthly installments. A pet rule binds the tenant only if it was disclosed at move-in, and a new one takes 30 days' written notice and the end of the term or the tenant's consent. For a tenant with a disability using a dog guide or service animal, a no-pet policy cannot be applied to the animal and a pet deposit on top of the standard cleaning or damage deposit is an unfair practice, though that rule turns on the animal being trained; for an untrained emotional support animal the route is the duty not to discriminate in the terms of a tenancy and the duty to make reasonable accommodation, which run on disability alone. A landlord may not demand medical records unless it is necessary to evaluate an accommodation request, and the penalty runs up to two and a half times the monthly rent. Faking a service animal is a $500 civil infraction that reaches public places, not housing. Manufactured-home lots have their own ceiling, and Seattle has its own pet-money rules.
Washington pets & assistance animals at a glance
| Which law governs | The money and lease rules are in the Residential Landlord-Tenant Act, chapter 59.18 of the Revised Code of Washington: the deposit machinery in sections 59.18.260, 59.18.270 and 59.18.280, the rule that money which is not refundable may not be called a deposit in section 59.18.285, the installment right in section 59.18.610, and the rules-at-move-in and new-rule provisions in section 59.18.140. Manufactured and mobile home lots have their own act, chapter 59.20, which carries the only hard pet figures in Washington law. The assistance-animal answer comes from the Law Against Discrimination, chapter 49.60, whose real-estate section forbids discrimination in the terms, conditions or privileges of a real estate transaction and requires reasonable accommodation in rules, policies, practices and services (section 49.60.222), together with the Human Rights Commission's real-estate disability rules, chapter 162-38 of the Washington Administrative Code, which carry the operative landlord-facing clauses. The bar on demanding medical records sits in the landlord-tenant act at section 59.18.625, and the misrepresentation infraction sits in the discrimination chapter at section 49.60.214 with its penalty figure in chapter 7.80. |
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| Where in the state the answers differ | Two conditions matter. The deposit ceiling for manufactured and mobile home lots applies only to leases or rental agreements entered into on or after May 7, 2025, and a lease signed before that date stays outside it even when it is renewed later. And the accommodation and modification duties in the discrimination chapter switch off for an owner of no more than three single-family houses renting without a broker and without advertising, and for an owner-occupied building of no more than four units, while the chapter as a whole does not apply at all where a person rents or subleases part of a dwelling unit the owner or subleasor occupies. Everything else on this page is statewide, though the city of Seattle adds pet-money rules of its own. |
| Which landlords are covered | Every residential landlord for the money and lease rules, subject only to the landlord-tenant act's list of arrangements it does not cover: institutional residence incidental to detention or to medical, religious, educational or recreational services, including licensed nursing homes and hospitals; occupancy under an earnest-money agreement or by a seller holding over; hotels, motels and other transient lodging; agreements with a condemning authority; farm-incidental single-family occupancy; seasonal agricultural employee housing; certain state land agreements; and occupancy by an employee conditioned on employment (section 59.18.040). Manufactured and mobile home lots are governed by their own act and are stated as a separate row below. The assistance-animal rules bind every housing provider subject to three exemptions in the discrimination chapter, set out below; the bar on demanding medical records reaches both ordinary tenancies and manufactured-home tenancies and carries no unit threshold, though it does not apply to assisted living facilities, nursing homes, adult family homes or continuing care retirement communities. |
| Pet deposit | Yes, with no statutory limit. Washington has no pet-deposit statute for an ordinary residential tenancy, and no dollar or fractional cap on a residential security deposit of any kind. A pet deposit is simply a deposit: it may be collected only under a written rental agreement and only after the landlord gives the tenant a signed checklist describing the condition of the unit at move-in, nothing may be withheld for wear from ordinary use, and a landlord who collects without the checklist is liable to the tenant for the amount of the deposit (sections 59.18.260, 59.18.270 and 59.18.280). Two nearby figures are easy to mistake for a pet cap and are not one: a fee or deposit to hold a unit may not exceed 25 percent of the first month's rent (section 59.18.253, subsection 3), and the same 25 percent is the threshold above which a tenant may require installment payment (section 59.18.610). For a tenant with a disability using a dog guide or service animal, a pet deposit on top of the standard cleaning or damage deposit is an unfair practice (WAC 162-38-100, subsection 5). Manufactured and mobile home lots do carry a ceiling, stated as a separate row below, and the city of Seattle sets its own pet-deposit rule. Refundability: No pet-specific text, but the general rule decides the label: money paid to a landlord that is not refundable may not be designated a deposit or part of one, and if a fee is not refundable the rental agreement must be in writing and must clearly say so. If there is no written agreement the landlord is liable to the tenant for the amount collected, and if the written agreement fails to say the fee is not refundable, the money must be treated as a refundable deposit and carries the deposit machinery with it (section 59.18.285). |
| Pet rent and pet fees | Yes — pet rent or a pet fee may be charged, and no statute caps it. Washington does not cap or prohibit pet rent or a pet fee, and no statute or rule uses either phrase. What it regulates is the label and the payment schedule. Money that is not refundable may not be called a deposit, and a fee that is not refundable must be identified as such in a written rental agreement, or it converts into a refundable deposit and drags the move-in checklist condition and the itemized-return duty with it (section 59.18.285). A tenant who asks in writing may pay deposits, fees that are not refundable and last month's rent in three equal monthly installments for a tenancy of three months or longer, or two for a shorter one, unless the deposits and fees together are no more than 25 percent of the first full month's rent; the landlord may not add any fee, interest or cost for the installments, and refusing the right costs one month's rent plus attorney fees (section 59.18.610). If the tenant defaults on an agreed installment plan, the landlord may treat the default as rent owing (section 59.18.283, subsection 3). Monthly pet rent: Monthly pet rent is a recurring and periodic charge identified in the rental agreement, so it is rent (section 59.18.030). The starting amount is not capped by state law; because it is rent, an increase in it is governed by the rent-increase rules in force since May 7, 2025, which the rent-increase page carries. No Washington statute or rule uses the words pet rent. A one-time pet fee: A one-time pet fee is lawful and uncapped, but it must be handled correctly: if it is not refundable, the rental agreement must be in writing and must clearly say the fee is not refundable, or the money is treated as a refundable deposit and must be held, accounted for and returned like one (section 59.18.285). A tenant may also require the landlord, on written request, to take deposits and fees that are not refundable in two or three equal monthly installments, and a landlord who refuses owes a penalty of one month's rent and reasonable attorney fees (section 59.18.610). |
| Pet policy in the lease, and changing it mid-tenancy | No — but a written-rules or mid-term-change provision would govern a pet rule the landlord adopts. No Washington statute requires a lease to state whether pets are allowed, and the required contents of a rental agreement carry no animal word. What the act supplies instead is a condition on the restriction itself: a pet rule binds the tenant only if it is reasonable, lawful and was brought to the tenant's attention at initial occupancy, and a new rule takes 30 days' written notice and the end of the term or the tenant's consent. No statute limits how many pets a tenant may keep or caps a landlord's own number limit. No Washington law requires publicly financed, state-funded or subsidized housing to allow pets; the housing finance, housing trust fund, homeless housing, housing authority, resident-owned park and common-interest chapters carry no pet or assistance-animal rule. Manufactured and mobile home lots have express pet protections of their own, stated as a separate row below. When the lease is silent: A tenant must conform to all reasonable obligations and restrictions concerning the use, occupation and maintenance of the unit, however the landlord denominates them, only if they are consistent with the act and not otherwise contrary to law and if they were brought to the tenant's attention at the time of initial occupancy and so became part of the rental agreement (section 59.18.140, subsection 1). A pet restriction that was never disclosed at move-in is therefore not an obligation the tenant has to keep. Changing the rule mid-tenancy: Except for terminating the tenancy and for raising the rent, a new rule of tenancy may take effect only after 30 days' written notice to each affected tenant, and then only when the term of the rental agreement is complete, or sooner by mutual consent (section 59.18.140, subsection 2). A mid-tenancy no-pets rule imposed on a tenant who already keeps a pet therefore needs both the notice and either the end of the term or the tenant's agreement. |
| Breed, size and weight restrictions | Yes. No Washington statute or rule bans, limits or authorizes a breed, size or weight restriction in a tenancy, in any class of housing; the word breed does not appear in either landlord-tenant act, in the discrimination chapter, in the criminal code, in the professions title, in the insurance code or in the Human Rights Commission's rules. Two things sit close to the question without answering it. Since 2019 a city or county may not prohibit a dog by breed, impose breed-specific possession requirements, or declare a dog dangerous by breed unless it maintains a process for exempting any dog that passes a recognized canine behavioral test, with the exemption lasting at least two years and a chance to retest; the legislature's stated finding is that a dog's breed is not inherently indicative of whether a dog is dangerous (section 16.08.110). That binds local animal control, not a landlord's lease. And for an assistance animal, removal is governed by conduct rather than type: it is an unfair practice to ask that a trained dog guide or service animal be removed unless the presence, behavior or actions of the animal are an unreasonable risk of injury or harm to property or other persons and a reasonable attempt to eliminate the behavior has failed, with the risk required to be immediate or reasonably foreseeable rather than remote or speculative, and annoyance to staff or other tenants expressly not enough (WAC 162-38-105). |
| Assistance animals: the state instrument and who it binds | Only through the state fair-housing act's reasonable-accommodation duty, the sole state instrument reaching assistance animals in housing; no state text sets a documentation standard. Both a statute and an administrative rule under it speak to it. State law incorporates a federal statute or codified regulation by reference. Freedom from discrimination because of the presence of a sensory, mental or physical disability, or because of the use of a trained dog guide or service animal by a person with a disability, is declared a civil right, and it includes the right to engage in real estate transactions without discrimination (section 49.60.030). The operative section makes it an unfair practice to refuse to engage in a real estate transaction, to discriminate in the terms, conditions or privileges of a transaction or in the furnishing of facilities or services in connection with it, to expel a person from occupancy, or to make a record or inquiry indicating an intent to discriminate (section 49.60.222, subsection 1). A pet fee charged only to a tenant with a disability who has an assistance animal is a difference in the terms, conditions or privileges of the tenancy on the face of that subsection. The same section makes it an unfair practice to refuse to make reasonable accommodation in rules, policies, practices or services when the accommodation may be necessary to afford a person with a disability, and or the use of a trained dog guide or service animal, an equal opportunity to use and enjoy a dwelling (subsection 2, paragraph b). Because the duty is owed on the disability basis as well as the animal basis, it does not depend on the animal qualifying as anything. The section preserves landlords' and tenants' rights under both landlord-tenant acts, including the right to post and enforce reasonable rules of conduct and safety for all tenants and their guests, except so far as those acts are inconsistent with the nondiscrimination requirements (subsection 4). Washington sets no certification regime for an assistance animal in housing and no deadline for a landlord's answer to a request. Who it binds: Every housing provider, subject to three exemptions in the discrimination chapter, two of them narrower than they look. First, the accommodation and modification duties do not apply to a single-family house rented by an owner who does not own or hold an interest in the proceeds of more than three such houses at one time, where the rental happened without a salesperson or broker and without a discriminatory advertisement, or to rooms or units in a dwelling for no more than four families living independently where the owner occupies one of them. Those two exemptions reach only the duties to accommodate and to allow modifications: an exempt owner still may not refuse to rent to, expel, or impose different terms, conditions or privileges on a person because of a disability or the use of a dog guide or service animal. Second, the whole chapter does not apply where a person shares a dwelling unit, or rents or subleases part of one, that the owner or subleasor occupies, so a roommate arrangement is outside it entirely (section 49.60.222, subsection 2 proviso and subsection 7). The bar on demanding medical records has no unit threshold and reaches both ordinary and manufactured-home tenancies, but not assisted living facilities, nursing homes, adult family homes or continuing care retirement communities (sections 59.18.620 and 59.18.625). The rule's currency: Chapter 162-38 WAC, the Human Rights Commission's real-estate transactions and disability discrimination rules, adopted under RCW 49.60.120(3); the operative sections 162-38-040, -100, -105, -110 and -120 were filed 7/12/99 and took effect 8/12/99, and the chapter page on the Legislature's administrative-code site prints the banner "Last update: 7/12/99", so the rule that carries Washington's housing answer has not been amended in 27 years. The Commission restated the same definition of service animal in its 2015 real-estate rules at WAC 162-36-010(8), filed 11/25/15. |
| What counts as an assistance animal | Washington has four definitions of service animal and the one that governs housing is not the narrow one. The discrimination chapter's own definition covers a dog or miniature horse individually trained to do work or perform tasks, and says that the crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship are not work or tasks; but that definition closes with the sentence that it does not apply to sections 49.60.222 through 49.60.227 with respect to housing accommodations or real estate transactions (section 49.60.040, subsection 25). The definition that does govern housing is the Commission's: a service animal is an animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability (WAC 162-38-040). It is species-open and expressly reaches mental disability, and it turns on training. The white cane law uses the same words for public places (section 70.84.021), and the interference offense adds "or in training" (section 9.91.170). No Washington text defines assistance animal, support animal or emotional support animal at all. Disability itself is defined broadly: a sensory, mental or physical impairment that is medically cognizable or diagnosable, exists as a record or history, or is perceived to exist, whether temporary or permanent, common or uncommon, mitigated or unmitigated, and impairment expressly includes emotional or mental illness; the substantial-limitation test applies only to accommodation in employment (section 49.60.040, subsection 7). |
| Documentation a landlord may request, and what a certifier must meet | No state text sets a documentation standard for an assistance animal in housing. A landlord may not require medical records, a diagnosis or its severity. A records demand: A landlord who inquires about, considers or requires disclosure of a tenant's or applicant's medical records or history outside the accommodation exception is liable in a civil action for up to two and one-half times the monthly rent of the property at issue, plus court costs and reasonable attorney fees, and the court must set the amount at what is necessary to deter future violations, payable to the tenant who brings the action (section 59.18.625, subsection 4). Washington sets no documentation standard for an assistance animal: no list of professions, no minimum treatment relationship, no telehealth rule, no annual renewal, no prescribed or prohibited form, no clause about online certificates, no vaccination condition and no deadline for the landlord's answer. No duty, standard or licensing consequence falls on a health-care provider who writes a letter. What Washington does set is a pair of limits on what a landlord may ask. A landlord may not inquire about, consider or require disclosure of a tenant's or prospective tenant's medical records or history unless the disclosure is necessary to evaluate a reasonable accommodation or modification request, so the accommodation request is the exception that unlocks the inquiry and the inquiry is bounded by what evaluating it requires (section 59.18.625, subsection 3). And it is an unfair practice for a landlord to inquire into matters personal to an applicant with a disability beyond what is necessary and appropriate to the landlord-tenant relationship; the rule's own example is that a landlord may ask how many people will occupy the unit but ordinarily has no reason to know whether an aide assists the person, or when (WAC 162-38-110). A related rule bars asking anyone to waive rights or hold the landlord harmless because the property will be occupied by a person with a disability or by a person using a trained dog guide or service animal, so a hold-harmless addendum presented as the price of an assistance animal is itself an unfair practice (WAC 162-38-120). The two permitted questions in the discrimination chapter are written for an enforcement officer or a place of public accommodation and have no housing counterpart. |
| Charges for an assistance animal | Under state law, yes — the state bar reaches only a trained service, guide, hearing or assistance dog, or a certified animal; the federal rules still govern an emotional support animal; the bar is an express no-extra-charge clause, in an administrative rule. Washington's answer has two halves and a landlord needs both. The rule half: a landlord's no-pet policy cannot be applied to the dog guide or service animal of a person with a disability, and charging that tenant a pet deposit on top of the standard cleaning or damage deposit is an unfair practice, though the standard cleaning or damage deposit itself may be charged if it is charged equally to all tenants (WAC 162-38-100, subsections 3 to 5). That bar runs to a trained animal, and the definition it hangs on is broad in species and expressly reaches mental disability, so a trained psychiatric or support animal is inside it, while an untrained emotional support animal is outside it. The accommodation half: the narrow definition of service animal in the discrimination chapter is switched off for housing, and the duty not to discriminate in the terms, conditions or privileges of a tenancy and the duty to make reasonable accommodation in rules, policies, practices and services both run on the disability basis and do not depend on how the animal is classified. So a pet deposit, pet rent or pet fee charged for an animal a landlord must permit as an accommodation can still fail under section 49.60.222, subsections 1 and 2. What Washington lacks is a clause saying so in terms, and the rule that does say it is 27 years old and speaks only of a dog guide or service animal. The definition it hangs on: The bar runs to "a tenant with a disability using a dog guide or service animal" (WAC 162-38-100(5)), and service animal in that chapter means "an animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability" (WAC 162-38-040). The training element is what limits it; Washington's Court of Appeals held on this wording that "there must be some evidence of individual training to set the service animal apart from the ordinary pet." Remedy: A violation is an unfair practice under the Law Against Discrimination, enforced through a complaint to the Human Rights Commission or a civil action under that chapter; the rules carry no separate penalty figure. A charge imposed only on a tenant with a disability is separately a difference in the terms, conditions or privileges of a real estate transaction (section 49.60.222, subsection 1, paragraph b), and a county or a first-class city over 125,000 may provide its own administrative or judicial remedies for discrimination proscribed by the chapter (section 49.60.330), though no one may recover from more than one government body for the same complaint (section 49.60.226). |
| Damage caused by an assistance animal | The tenant is liable for damage the animal causes like any other tenant, by express words. Parity, expressed as a permission rather than a duty: a landlord may enforce its standard cleaning or damage deposit on a tenant with a disability using a dog guide or service animal if the same deposit is enforced equally on all tenants (WAC 162-38-100, subsection 4). Liability for injury or harm is left to law outside the discrimination chapter, and the person using the animal is responsible for it and may be held liable for its actions or behavior (WAC 162-38-105, subsection 4). The ordinary deposit rules still forbid withholding anything for wear resulting from ordinary use of the premises (section 59.18.260). |
| Misrepresenting an assistance animal | None in housing — the only offense is scoped to public accommodations and does not reach housing. Misrepresenting an animal as a service animal or service animal trainee is a civil infraction, not a crime: a person violates the section by expressly or impliedly representing that an animal is a service animal or trainee in order to secure the rights or privileges afforded disabled persons accompanied by service animals, while knowing or having reason to know that the animal did not meet the definition (section 49.60.214). The maximum penalty and the default amount are $500 (section 7.80.120). It does not reach housing, and a landlord who suspects a false claim cannot use it. Every enforcement mechanism in the section is public-accommodation machinery; the legislature's own declaration is about bringing an animal into a place it would otherwise not be allowed to enter; and the definition the offense tests against is the one Washington has switched off for housing and real estate transactions. An older prohibition on a person who is not disabled using a service animal to secure the rights of the white cane law is limited to the streets, buildings, carriers, hotels, lodging places and other public places that chapter lists, and a dwelling is not among them, and it carries no penalty of its own (section 70.84.060). Washington has no criminal assistance-animal offense at all; the criminal code contains none, and the separate offense of interfering with or injuring a dog guide or service animal protects the animal rather than punishing a false claim. Where the words leave the reach open: The first subsection is venue-neutral on its face, because it speaks of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in state or federal law, and those words are not limited to a public place. Everything around it is public-accommodation machinery, and no Washington court has read it to reach a housing request. A future court could read it more widely; nothing in Washington law does so today. Enforcement: Only an enforcement officer as defined in the civil-infraction chapter may investigate and enforce the offense, and the remedy on a refusal to answer is that the officer may issue a civil infraction and require the person to remove the animal from the place of public accommodation (section 49.60.214, subsection 2). A landlord has no role in the section and no route to invoke it, and it creates no eviction ground, no liability for a fee and no lease consequence. |
| Can cities add their own rules | In part — state law preempts the kinds of local rule named as barred, and any power named is one state law grants. The one preemption that reaches pets is a conditional breed rule for local governments: a city or county may not ban or regulate a dog by breed unless it runs the exemption process the statute requires (RCW 16.08.110), so a locality's breed ordinance binds a tenant's dog only on those terms. Washington neither grants nor denies localities power over pets in housing as such; three separate things stand apart. Counties and large first-class cities may enact their own enforcement machinery for discrimination the state chapter forbids, which is devolution of remedies and not authority over pet charges. Local controls on the amount of rent are preempted, so a municipal cap on pet rent is out of reach while a municipal rule on a pet deposit or a pet fee is not, which is why a city can cap the deposit and bar a pet fee but only permit pet rent. And neither landlord-tenant act contains a preemption clause, so local landlord-tenant regulation generally stands; the act's own required disclosure text concedes as much by noting that some local laws provide longer periods than the state minimums. Seattle is the city a reader will meet: its published rules cap a pet damage deposit at 25 percent of the first full month's rent, bar a pet fee that is not refundable, permit pet rent, allow only one pet deposit per household, require the deposit to be written into the rental agreement, and let it be paid in three equal monthly installments. The locality page carries the ordinance itself. Breed-specific local animal-control rules barred: Since 2019 a city or county may not prohibit the possession of a dog based on its breed, impose breed-specific requirements, or declare a dog dangerous by breed unless it maintains an exemption process for a dog that passes the American Kennel Club canine good citizen test or an equivalent behavioral test, exempts a passing dog for at least two years, and allows retesting (RCW 16.08.110, subsection 1). The rule binds cities and counties in their animal-control power and does not reach a private landlord's lease terms. Text: RCW 16.08.110 · (1). The fair-housing act preserves or devolves local ordinances: Any county, and any city classified as a first-class city with more than 125,000 population, may enact resolutions or ordinances consistent with the Law Against Discrimination providing administrative or judicial remedies for any form of discrimination the chapter forbids, subject to judicial review, with the superior courts hearing matters of violation and enforcement. The Commission and local governments administering similar real-estate provisions must enter cooperative agreements, and no complainant may obtain relief from more than one state or local body for the same matter. Text: RCW 49.60.330. Local rent control barred: The imposition of controls on rent is declared to be of statewide significance and is preempted, so no city or town of any class may enact, maintain or enforce provisions regulating the amount of rent charged for single-family or multiple-unit residential rental structures or sites, other than publicly owned or publicly managed property and low-income housing under joint public and private agreements; the county provision is the same, with an express carve-out for floating home moorage sites. A local cap on pet rent would be a control on the amount of rent and falls inside this; a local rule about a pet deposit or a pet fee does not, because deposits and other fees are expressly outside the definition of rent. Text: RCW 35.21.830. |
| Housing classes with their own pet rule | Manufactured and mobile home lots, leases entered into on or after May 7, 2025: pet deposit — capped; the written-rules or mid-term-change section governs a pet rule. For a lease or rental agreement entered into on or after May 7, 2025, a park landlord who charges move-in fees or security deposits may not take more than one month's rent for the two combined, unless the tenant brings any pets into the tenancy, in which case the combined ceiling is two months' rent; a lease entered into before that date stays outside the rule even if it is renewed later (section 59.20.170, subsection 1). Read it carefully: this is not a pet-deposit cap but a combined ceiling on move-in fees and deposits whose headroom rises by one month's rent when there are pets. Park rules bind a tenant only if they promote the convenience, health, safety or welfare of residents, are reasonably related to their purpose, apply to all tenants fairly, are not evasive and are not retaliatory or discriminatory, and a new or amended rule outside the rental agreement takes 30 days' written notice followed by a three-month period in which a violation results in a warning only (section 59.20.045). And where the violation is of a material change in park rules with respect to pets, the tenant must be given written notice of a six-month period in which to comply or vacate, against the 20 days an ordinary rule violation carries (section 59.20.080, subsection 1, paragraph a). The manufactured-home page carries the rest of the park rules. Text: RCW 59.20.170 · (1). Text: RCW 59.20.045 · (6). Text: RCW 59.20.080 · (1)(a). |
| Insurance and dog breeds | No statute restricts an insurer's use of dog breed in underwriting |
| How state law refers to the federal rules | Washington's housing assistance-animal duty is state-sourced: it rests on section 49.60.222 and on chapter 162-38 of the administrative code, and neither incorporates a federal notice or the older federal joint statements. What state law does reference is federal accessibility and older-persons law. Covered multifamily dwellings must be designed and constructed in conformance with the federal Fair Housing Amendments Act of 1988, and where the requirements of applicable laws differ, the ones requiring greater accessibility govern (section 49.60.222, subsection 2, paragraph c). Housing for older persons takes its meaning from the same federal act as amended by the Housing for Older Persons Act of 1995 (subsection 6). The Commission's rules name their sources of policy guidance as the legislature's own policy statements and the federal Fair Housing Amendments Act, with the federal housing regulations listed among the materials, and not any enforcement document (WAC 162-38-010 and 162-38-070). The practical consequence is that Washington's answer on assistance animals in housing does not move with changes at the federal level; the federal section of the 50-state page carries the federal layer. |
| Changes already signed into law | No signed act is waiting to change these answers |
| Leading court decisions | Timberlane Mobile Home Park v. Washington State Human Rights Commission ex rel. Campbell, 122 Wn. App. 896, 95 P.3d 1288 (Washington Court of Appeals, Division II; 2004; residential setting; bears on the assistance-animal rule): A dog kept in a manufactured-home park tenancy with a no-pets clause was not a service animal, because the definition requires training: there must be some evidence of individual training to set the service animal apart from the ordinary pet, and an owner's positive reinforcement is not enough, since treating it as training would make any family pet a service animal. This is the decision that gives the word trained its bite in the rule that bars a pet deposit for a dog guide or service animal. It was decided in 2004, before the sentence disapplying the narrow statutory definition to housing was added, and it turns on the definition rather than on the separate duty to make a reasonable accommodation on the basis of disability, which it leaves untouched. Washington State Human Rights Commission v. Summerwalk Homeowners' Association, No. 61643-2-II (published) (Washington Court of Appeals, Division II; 2026; a general statement of law; bears on the topic as a whole): The plain language of the real-estate discrimination section reaches a homeowners' association's enforcement of its covenants against an owner, and it includes discriminatory enforcement of those covenants even after the sale of the property has concluded. The decision is not an animal case, but it settles that the prohibition on discrimination in the terms, conditions or privileges of a real estate transaction reaches rule enforcement after a person is already in place, which is how nearly every pet-charge and assistance-animal dispute with a sitting resident arises. |
Cite this page: "Landlord Atlas, Washington Pet & Assistance Animal Laws (verified September 20, 2026), landlordatlas.com/laws/pets/washington/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Washington assistance-animal documentation at a glance
The state's instrument sets no documentation standard, so every row below reads not stated unless a slot is addressed elsewhere in state law; the federal rules further down this page apply on top. The full text of each slot, with its section, is in the table above.
| Slot | What the state's text says |
|---|---|
| Who may certify, and on what test | Not stated |
| The certifier's minimum relationship period | Not stated |
| Telehealth | Not stated |
| Online registration or certificate | Not stated |
| Form | Not stated |
| Medical records | May not be required |
| Written answer from the landlord | Not stated |
| Annual re-evaluation | Not stated |
| Proof of vaccination or licensing | Not stated |
Housing classes in Washington with their own pet rule
Each row is a housing class whose own instrument sets at least one pet cell differently from the private-market answers above; a dash is a cell the class's instrument does not set, so the residential answer on this page does not carry over to it either way. The full text of each row is in the table above.
| Class | Pet deposit | Pet rent and fees | In the lease | Breed, size, weight | Extra charge for an assistance animal | From |
|---|---|---|---|---|---|---|
| Manufactured and mobile home lots, leases entered into on or after May 7, 2025 | Capped | — | Written-rules section governs | — | — |
Local pet laws in Washington
- Seattle — Pet damage deposits: a local rule on top of the state law on this page.
Federal law on pets and assistance animals, in every state
The federal layer for the pets and assistance-animals topic, carried once for the whole site. It is a dated history rather than a single rule: the Fair Housing Act's accommodation duty has not changed since 1988 and the regulation under it has never contained the word animal, while the HUD guidance that most writing on this subject still quotes was withdrawn in September 2025, permanently rescinded in May 2026, and replaced by an enforcement position that governs HUD's own cause determinations and nothing else. Every row names who it binds, and most of the rows that carry real figures bind only federally assisted, public or rural-development housing. No state record restates these rows; a state record says only where its own law references or extends them. Each row below says who it binds before it says what it does. The full text of each row, with its citations, is on the 50-state page.
- Every housing provider the Fair Housing Act covers: Fair Housing Act: the reasonable-accommodation duty and who it reaches (in force).
- Every housing provider the Fair Housing Act covers: HUD's reasonable-accommodation regulation, and the absence of any animal rule in it (in force).
- Every housing provider the Fair Housing Act covers: Charging for an assistance animal: the two general clauses the question runs through (in force).
- No one — withdrawn guidance: HUD's 2013 service and assistance animals notice: withdrawn September 17, 2025 (withdrawn).
- No one — rescinded guidance: HUD's 2020 assistance animals notice: withdrawn September 17, 2025 and permanently rescinded May 22, 2026 (rescinded).
- No one — it states HUD's own enforcement position and binds no landlord or tenant: HUD's May 22, 2026 enforcement memorandum: what HUD will and will not pursue (an enforcement position, not law).
- No one — no rule has been proposed: The rulemaking the May 2026 memorandum promises: not proposed (not proposed).
- Public entities and public accommodations, not housing providers as such: The Americans with Disabilities Act definition of a service animal, which HUD now borrows in part (in force).
- Owners of federally assisted rental housing for the elderly or for persons with disabilities: Pets in federally assisted housing for the elderly or persons with disabilities (in force).
- Public housing agencies: Pets in public housing that is not designated for the elderly or persons with disabilities (in force).
- Recipients of federal financial assistance for housing: Section 504: HUD-funded housing and the duty to modify housing policies (in force).
- Owners of Rural Development multifamily housing: Rural Development multifamily housing: a pet deposit cap and no deposit for an assistance animal (in force).
- The parties to the case: United States v. Five Properties, LLC: the open federal case on an emotional support animal (litigation).
- The parties to the case: Henderson v. Five Properties, LLC: the closed private case, and how far it reaches (litigation).
- No one — no such federal duty exists: Breed, size and weight limits on an assistance animal: no federal rule either way.
Notes and caveats
- No state cap on a pet deposit, and none on deposits generally — Washington sets no dollar or fractional ceiling on a residential security deposit, and has no pet-deposit statute. A deposit may be collected only under a written rental agreement and only after the tenant gets a signed move-in checklist. The general deposit rules, the trust account and the itemized return are on the security-deposits page.
- A fee that is not refundable must say so in writing — Money that is not refundable may not be designated a deposit, and a fee that is not refundable must be clearly identified as such in a written rental agreement. Without a written agreement the landlord owes the tenant the amount collected; without the clear statement the money is treated as a refundable deposit.
- Paying pet money in installments — On a written request the tenant may pay deposits, fees that are not refundable and last month's rent in three equal monthly installments for a tenancy of three months or longer, or two for a shorter one, unless the deposits and fees together are no more than 25 percent of the first full month's rent. Refusing costs the landlord one month's rent plus attorney fees.
- A pet rule must be disclosed at move-in — A restriction binds the tenant only if it is reasonable, lawful and was brought to the tenant's attention at initial occupancy. A new rule needs 30 days' written notice and cannot take effect before the end of the term without the tenant's consent. No statute limits the number of pets.
- Breed, size and weight — No state law touches a landlord's breed, size or weight rule. Since 2019 cities and counties may not regulate dogs by breed unless they run a process for exempting any dog that passes a recognized behavior test, but that binds animal control, not a lease. An assistance animal may be removed only for conduct that is an unreasonable and reasonably foreseeable risk after an attempt to fix the behavior has failed.
- The trained-animal line — The rule barring a pet deposit protects a tenant using a dog guide or service animal, and the definition it uses is broad in species and expressly covers mental disability, but it requires training, and the state Court of Appeals has held that it does. For an animal that is not trained, the argument runs on the duty not to discriminate in the terms of the tenancy and the duty to make reasonable accommodation, which do not depend on what the animal is called.
- Medical records — A landlord may not inquire about, consider or require disclosure of a tenant's or applicant's medical records or history unless the disclosure is necessary to evaluate a reasonable accommodation or modification request. A violation is worth up to two and a half times the monthly rent, plus costs and attorney fees, set at what is needed to deter.
- Manufactured and mobile home lots — For a lot lease entered into on or after May 7, 2025, move-in fees and security deposits together may not exceed one month's rent, or two months' rent when the tenant brings pets. A violation of a material change in park rules about pets carries a six-month period to comply or vacate. The manufactured-home page carries the rest.
- Seattle — Seattle publishes its own rules: a pet damage deposit capped at 25 percent of the first full month's rent, no pet fee that is not refundable, pet rent allowed, one pet deposit per household, the deposit written into the rental agreement, and payment in three equal monthly installments. The locality page carries the ordinance.
- Insurance — Washington has no statute barring an insurer from underwriting on a dog's breed. The word breed does not appear anywhere in the state insurance code.
- Federal rules — The Fair Housing Act, the federal housing regulations, the rules for assisted and public housing and the status of the federal documents about assistance animals are on the federal section of the 50-state page. Washington's own housing rules on assistance animals do not depend on any of them; state law references the federal act only for accessible design and construction and for the meaning of housing for older persons.
- Legislation — Nothing is pending. The 2025-26 biennium ended on March 12, 2026 and no measure in it reached pets or assistance animals in rentals. Two dated changes are coming to the residential act on January 1, 2027 and January 1, 2028, neither of which contains an animal or pet word. The regulation that carries the assistance-animal answer has not been amended since 1999, so a change to it would move several answers on this page at once.
Common questions: Washington pets & assistance animals
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Can a landlord charge a pet deposit in Washington, and is there a limit?
- Yes, with no statutory limit. Washington has no pet-deposit statute for an ordinary residential tenancy, and no dollar or fractional cap on a residential security deposit of any kind.
- Can a landlord charge pet rent or a non-refundable pet fee in Washington?
- Yes — pet rent or a pet fee may be charged, and no statute caps it. Washington does not cap or prohibit pet rent or a pet fee, and no statute or rule uses either phrase.
- Does a Washington lease have to state a pet policy?
- No — but a written-rules or mid-term-change provision would govern a pet rule the landlord adopts. No Washington statute requires a lease to state whether pets are allowed, and the required contents of a rental agreement carry no animal word.
- Can a Washington landlord restrict pets by breed, size or weight?
- Yes. No Washington statute or rule bans, limits or authorizes a breed, size or weight restriction in a tenancy, in any class of housing; the word breed does not appear in either landlord-tenant act, in the discrimination chapter, in the criminal code, in the professions title, in the insurance code or in the Human Rights Commission's rules.
- Does Washington have its own assistance-animal law for rentals?
- Only through the state fair-housing act's reasonable-accommodation duty, the sole state instrument reaching assistance animals in housing; no state text sets a documentation standard. Both a statute and an administrative rule under it speak to it.
- What documentation can a Washington landlord ask for when a tenant requests an assistance animal?
- No state text sets a documentation standard for an assistance animal in housing. A landlord may not require medical records, a diagnosis or its severity.
- Can a Washington landlord charge a pet deposit or pet rent for an emotional support animal?
- Under state law, yes — the state bar reaches only a trained service, guide, hearing or assistance dog, or a certified animal; the federal rules still govern an emotional support animal; the bar is an express no-extra-charge clause, in an administrative rule. Washington's answer has two halves and a landlord needs both.
- What is the penalty for falsely claiming an assistance animal in Washington?
- None in housing — the only offense is scoped to public accommodations and does not reach housing. Misrepresenting an animal as a service animal or service animal trainee is a civil infraction, not a crime: a person violates the section by expressly or impliedly representing that an animal is a service animal or trainee in order to secure the rights or privileges afforded disabled persons accompanied by service animals, while knowing or having reason to know that the animal did not meet the definition (section 49.60.214).
Changes since last full verification
The Verified date above (September 20, 2026) marks the last time every figure on this page was verified end-to-end against official sources. The changes below were published since then, each verified against the official source it names (what these dates mean).
- Correction, October 1, 2026 — Washington (correction): damages for an unlawful rent increase are up to three months of the unlawful rent or fees, not a fixed three months (RCW 59.18.700(5)); the 12-year exemption for new construction is measured to the date of the rent-increase notice; and during a fixed term an increase may not take effect before the term ends (RCW 59.18.140(3)(a)). On the deposit page, a landlord who misses the 30-day deadline is liable for the full deposit and may not defend keeping any of it, with exceptions for circumstances beyond the landlord's control and abandonment; a court may award up to twice the deposit for intentional refusal. The entry page now states the exception where notice is impracticable, the duty to give the earliest and latest times of entry and a telephone number, and that one day's notice for showings need not be written. Seattle's pet page now describes Ordinance 127497, adopted August 18, 2026 and effective July 1, 2027, which leaves the pet damage deposit section unchanged.
Citations
- RCW 59.18.030 · definition of "Rent" or "rental amount" (verified 2026) Official source
- RCW 59.18.040 (verified 2026) Official source
- RCW 59.18.140 · (1), (2) (verified 2026) Official source
- RCW 59.18.253 · (3) (verified 2026) Official source
- RCW 59.18.260 (verified 2026) Official source
- RCW 59.18.270 (verified 2026) Official source
- RCW 59.18.280 (verified 2026) Official source
- RCW 59.18.283 · (3) (verified 2026) Official source
- RCW 59.18.285 (verified 2026) Official source
- RCW 59.18.610 · (1), (2), (3), (5) (verified 2026) Official source
- RCW 59.18.620 · (1), (3), (7) (verified 2026) Official source
- RCW 59.18.625 · (3)(b), (4) (verified 2026) Official source
- RCW 59.20.045 · (6) (verified 2026) Official source
- RCW 59.20.080 · (1)(a) (verified 2026) Official source
- RCW 59.20.170 · (1) (verified 2026) Official source
- RCW 49.60.030 · (1)(c) (verified 2026) Official source
- RCW 49.60.040 · (7), (25) (verified 2026) Official source
- RCW 49.60.214 · (1), (2) (verified 2026) Official source
- RCW 49.60.222 · (1), (2), (4), (6), (7) (verified 2026) Official source
- RCW 49.60.330 (verified 2026) Official source
- RCW 7.80.120 · (1)(a)(iii) (verified 2026) Official source
- RCW 16.08.110 · (1) (verified 2026) Official source
- RCW 70.84.060 (verified 2026) Official source
- RCW 35.21.830 (verified 2026) Official source
- RCW 36.01.130 (verified 2026) Official source
- WAC 162-38-040, -100, -105, -110, -120 · 162-38-100(3)–(5); 162-38-105(1), (2), (4) (verified 2026) Official source
- Chapter 161, Laws of 2024 (ESSB 5788) · §§ 1–2 (verified 2026) Official source
How this record was verified: Direct reading of whole chapters of the Revised Code of Washington and the Washington Administrative Code on the Legislature's own site. RCW chapters 59.18, 59.20, 59.12, 49.60, 9.91, 70.84, 7.80, 16.08, 35.21 and 36.01 were read in full, including both dated versions of the definitions section of the residential act, and every credit line was noted, which is how currency was established: the code pages print no currency banner, and the served text already carries 2026 acts, since the January 1, 2027 version of the definitions section credits 2026 chapter 55 and the civil-infraction penalty section credits two 2026 chapters. WAC chapter 162-38 was read in full and prints its own banner, "Last update: 7/12/99". Three whole titles were read chapter by chapter to establish the negatives: Title 18 on businesses and professions in all 114 chapters, Title 9A, the criminal code, in all 32 chapters, and Title 48, the insurance code, in all 102 chapters, along with WAC Title 162 in all 13 chapters and sixteen housing and common-interest chapters. The enrolled 2024 chapter 161 was read from the session-law text on the Legislature's file server, including its certification page for the vote counts, the approval time and the stated effective date of June 6, 2024, and its insertion and deletion markup, which shows that the sentence disapplying the narrow service-animal definition to housing was carried forward unchanged rather than added in 2024. The 2025-26 measures were identified from the Legislature's own bill-list service and from the chapter-level roll of legislation affecting each chapter, with the current status of each candidate read one at a time. Two decisions of the Court of Appeals were read in full, the 2004 Timberlane opinion and the published Summerwalk opinion of July 21, 2026, both located through the state appellate opinion archive.
What was read to state each absence on this page:
- The landlord-tenant chapter: RCW chapter 59.18, the Residential Landlord-Tenant Act, read in full as one document, including both dated versions of sections 59.18.030, 59.18.200 and 59.18.650, with sections 59.18.040, 59.18.140, 59.18.253, 59.18.260, 59.18.270, 59.18.280, 59.18.283, 59.18.285, 59.18.610, 59.18.620, 59.18.625 and 59.18.670 read clause by clause and every credit line noted; RCW chapter 59.20, the Manufactured/Mobile Home Landlord-Tenant Act, read in full, with sections 59.20.045, 59.20.080 and 59.20.170 read for the pet text; RCW chapter 59.12 read as well. Chapter 59.18 carries no pet word anywhere, no definition of deposit or security deposit, and no cap on a residential deposit.
- The civil-rights, fair-housing or disability-rights title: RCW chapter 49.60, the Law Against Discrimination, read in full, with sections 49.60.030, 49.60.040, 49.60.120, 49.60.214, 49.60.222, 49.60.226 and 49.60.330 read clause by clause and their credit lines noted; the enrolled 2024 chapter 161 read from the session-law text to establish what the 2024 amendment changed in the definition, which was the deletion of a cross-reference, the housing carve-out sentence being carried forward unchanged. RCW chapter 70.84, the white cane law, and RCW 9.91.170 read for the other two definitions and for the offense against the animal.
- Health, professional-licensing and criminal titles: RCW Title 18, businesses and professions, read chapter by chapter across all 114 chapters, including the counselor, osteopathic, physician, nursing, psychologist, uniform disciplinary and mental-health-counselor chapters: no assistance-animal, emotional-support, support-animal, service-animal, dog-guide or breed text anywhere, so Washington imposes no duty, standard or licensing consequence on a provider who writes a letter for an assistance animal. RCW Title 9A, the criminal code, read chapter by chapter across all 32 chapters with the same result, so Washington has no criminal assistance-animal offense. RCW chapter 7.80 read for the civil-infraction penalty figure, RCW chapter 16.08 for the breed provision, and RCW Title 48, the insurance code, read chapter by chapter across all 102 chapters, where the word breed does not appear at all.
- Administrative code: WAC chapter 162-38, the Human Rights Commission's real-estate transactions and disability discrimination rules, read in full, with sections 162-38-010, -040, -070, -100, -105, -110 and -120 read clause by clause and their rule histories noted; the chapter banner reads "Last update: 7/12/99". The whole of WAC Title 162, all 13 chapters, was searched term by term, and the Commission's 2015 real-estate rules were read for the restated definition at WAC 162-36-010(8).
- Local-government and animal-control titles: RCW 49.60.330 and 49.60.226 read for the devolution of discrimination remedies to counties and large first-class cities; RCW 35.21.830 and RCW 36.01.130 read for the preemption of local rent controls and the floating home moorage carve-out; chapters 59.18 and 59.20 read in full for a preemption clause, of which they contain none; and RCW 16.08.110 read and kept apart as local animal control rather than a tenancy rule.
- The terms searched and where: An eleven-term list run over chapters 59.18, 59.20, 59.12, 49.60, 9.91, 70.84, 7.80, 16.08, 35.21 and 36.01, the whole of Titles 18, 9A and 48, the whole of WAC Title 162, and the sixteen housing and common-interest chapters covering the housing finance commission, the housing trust fund, homeless housing, housing authorities, resident-owned parks, condominiums, common interest ownership, adult family homes and assisted living: pet, pets, pet deposit, pet rent, pet fee, household pet, animal, animals, dog, dog guide, service dog, service animal, assistance animal, support animal, emotional support, companion animal and breed. Every hit was read in context. The residential act's four animal words are all incidental, in the search-warrant standard and in the section on what happens to a tenant's animals after a death; the only service-animal hit in the housing chapters is a short-term-rental section reciting the protected bases; and the word breed returns nothing in any of them.