How to End a Lease Early by Mutual Agreement in Washington: A Tenant’s Guide
A guide to ending a lease by mutual agreement in Washington State. Learn about the "Duty to Mitigate," Seattle's Just Cause rules, and drafting a written termination contract.
In Washington State, tenants benefit from a key legal protection that is missing in many other states: the Landlord's Duty to Mitigate Damages (RCW 59.18.310). This means that even if you break your lease, your landlord cannot simply let the unit sit empty and charge you for the remaining months. They must make a reasonable effort to re-rent it.
However, relying on mitigation is still risky because you could be on the hook for rent until a new tenant is found. The safest way to leave early is through a Mutual Agreement to Terminate Tenancy.
Unlike specific government forms you might see in other regions, Washington does not have a single, state-mandated form for mutual termination. Instead, you and your landlord must sign a private written contract. This guide explains how to draft this agreement, how to use the "Duty to Mitigate" as leverage, and how to navigate "Cash for Keys" in pro-tenant cities like Seattle.
How a Mutual Agreement Works in Washington
A mutual agreement is a voluntary contract where the landlord and tenant agree to end the lease on a specific date, releasing the tenant from future liability.
No "Official" Form: There is no specific "Form X" from the Washington State Attorney General or local courts for mutual termination. You must create a written agreement signed by both parties.
Overrides the Lease: A valid mutual agreement replaces the original end date of your lease. It effectively stops your obligation to pay rent after the agreed move-out date.
Voluntary: A landlord cannot force you to sign a mutual agreement to leave early. If they want to evict you, they must have "just cause" (especially in Seattle and under statewide "Good Cause" eviction laws) and follow strict notice procedures.
When Should You Use It?
1. Breaking a Fixed-Term Lease
If you have a 12-month lease and need to move, simply giving 20 days' notice is not sufficient to end your financial obligation (that rule generally applies only to month-to-month tenants).
The "Mitigation" Leverage: Because Washington law requires landlords to try to re-rent the unit, you can approach your landlord with a plan: "I need to leave early. I know you have a duty to mitigate damages. To save us both the uncertainty of when you'll find a new tenant, I offer to pay a lease break fee of [Amount] if we sign a mutual termination agreement today."
The Benefit: This gives you a guaranteed exit date and cost, rather than waiting to see if the landlord finds a replacement quickly.
2. "Cash for Keys" (Sale or Renovation)
Landlords often want to sell a property or renovate it. In Washington—and especially in Seattle—evicting a paying tenant is difficult and slow due to "Just Cause" eviction laws.
The Negotiation: If your landlord asks you to leave so they can sell, you have significant leverage. You can negotiate a "Cash for Keys" deal. This is a private agreement where the landlord pays you (e.g., moving costs + 1–2 months' rent) to sign a mutual termination agreement and vacate voluntarily.
Seattle Specifics: In Seattle, landlords often cannot evict you just to sell the building unless they give you 90 days' notice and pay relocation assistance in some cases. A mutual agreement bypasses this timeline, which is why landlords are willing to pay.
How to Draft the Agreement
Since there is no standard government form, you must draft a letter. It should include:
Title: "Mutual Termination of Tenancy Agreement."
Parties: Full names of the Landlord and Tenant.
Property: The complete address of the rental unit.
Termination Date: The exact date and time you will surrender the keys.
Release of Liability: A critical clause stating: "The Landlord agrees to release the Tenant from all future rent obligations under the Lease after the Termination Date, satisfying the requirements of RCW 59.18.310."
Security Deposit: Explicitly state that the security deposit will be handled according to state law (RCW 59.18.280) or returned in full as part of the deal.
Signatures: Both parties must sign and date the document.
The Risks for Tenants
1. The 30-Day Security Deposit Rule (Updated)
Under current Washington law (RCW 59.18.280), landlords have 30 days (formerly 21 days in older versions of the law) after you move out to return your deposit or provide a written statement of deductions.
The Trap: If you leave early without a written agreement, the landlord might claim the lease didn't "end" until they found a new tenant, potentially delaying your deposit return or using it to cover "lost rent." A mutual agreement clarifies the exact end date to start the 30-day clock.
2. Seattle "Just Cause" Waiver
If you live in Seattle, be very careful about what you sign. By signing a mutual agreement, you are voluntarily waiving your right to stay. Ensure you have secured housing elsewhere before signing, as you cannot simply "change your mind" once the contract is executed.
Frequently Asked Questions (FAQ)
1. Is there an official Washington form to end a lease?
No. While there are specific forms for eviction (like the 14-Day Notice to Pay or Vacate), there is no specific government form for mutual agreement. You must write your own contract.
2. Can I break my lease for domestic violence?
Yes. Under RCW 59.18.575, you can end a lease early without penalty if you are a victim of domestic violence, sexual assault, or stalking. You must provide a valid protection order or a report from a "qualified third party" (like a police officer or healthcare provider) to your landlord. You do not need a "mutual agreement" for this; it is your legal right.
3. Does the landlord have to find a new tenant if I move out?
Yes. RCW 59.18.310 imposes a "Duty to Mitigate." The landlord must make reasonable efforts to re-rent the unit. If they fail to do so (e.g., they don't advertise it), you may not be liable for the full remaining rent.
4. What are the rules for rent increases in 2025?
Washington State law generally requires 60 days' written notice for rent increases (RCW 59.18.140). However, in Seattle, landlords must give 180 days' notice for any increase. Additionally, new 2025 legislation limits rent increases in certain contexts (approx. 10% cap under rent stabilization measures), so check if your unit is covered.
5. How much notice do I need to give if I am month-to-month?
Outside of Seattle, tenants generally must give 20 days' written notice before the end of the rental period (usually the end of the month). This is unique to Washington; most states require 30 days.
References:
Revised Code of Washington (RCW) 59.18.310 (Mitigation)
RCW 59.18.280 (Security Deposits)
Seattle Municipal Code 22.205 (Just Cause Eviction)
Washington Law Help: Tenants' Rights Moving Out
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