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Overview
Washington does not have comprehensive mold-specific legislation. However, tenants are protected under the Residential Landlord-Tenant Act (RCW 59.18), which requires landlords to maintain habitable premises and address conditions that cause mold growth. Under RCW 59.18.060(13), landlords must provide tenants with Department of Health-approved information about the health hazards of indoor mold exposure. While landlords are not specifically required to remediate mold, they must fix the underlying problems that cause mold growth, including water leaks, moisture problems, and inadequate ventilation. [RCW 59.18.060 - Landlord Duties]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Housing
All tenants have the right to a rental unit that is fit for human habitation. Landlords must maintain the property in compliance with applicable health and safety codes, keep structural components in good repair, provide adequate weatherproofing, and maintain heating, plumbing, and ventilation systems. Conditions that cause mold, such as water leaks and moisture problems, must be repaired.
Right to Mold Information Disclosure
Tenants have the right to receive information about mold health hazards and prevention from their landlord. This information must be provided or approved by the Washington State Department of Health and given to new tenants at the time the lease is signed. It can also be posted in a visible public location at the property.
Landlord Responsibilities
Maintain Habitable Premises
Landlords must keep rental premises fit for human habitation at all times during the tenancy. This includes maintaining substantial compliance with applicable codes affecting health or safety, keeping structural components in reasonably good repair, maintaining weathertight conditions, and ensuring heating, plumbing, and ventilation systems work properly.
Provide Mold Disclosure Information
Landlords must provide tenants with information approved by the Washington Department of Health about the health hazards associated with indoor mold exposure. The information must describe how tenants can control mold growth in their dwelling units. This can be provided in writing to each tenant or posted in a visible public location at the property.
Remedies Available to Tenants
Rent Withholding
Available: Washington allows rent withholding only through the RCW 59.18.115 escrow process. Tenants must give written notice, allow the landlord the statutory time to fix the issue, obtain certification from a local authority that the conditions exist, and then deposit rent into an approved escrow account. Funds are released to the landlord after repairs are certified. Tenants cannot simply stop paying rent outside this process.
Repair and Deduct
Available: Under RCW 59.18.100, tenants may make repairs and deduct the cost from rent when landlords fail to fulfill their duties. The tenant must first give written notice of the defective condition and provide a good faith estimate of repair costs. If the landlord fails to commence remedial action within the applicable time period (10 days for non-emergency repairs), the tenant may contract with a licensed or registered person to make the repair. The total deduction cannot exceed two months rent per repair, and the total deductions in any 12-month period cannot exceed two months rent. The repair must be completed in a workmanlike manner, and the landlord must be given an opportunity to inspect.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Washington
Understanding Washington's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Washington's Diverse Maritime Climate
Western Washington has a marine climate with mild temperatures and significant rainfall—Seattle averages 37 inches annually with 150+ rainy days. Eastern Washington has a semi-arid climate. The western region's persistent moisture and moderate temperatures (rarely freezing, rarely hot) create year-round conditions favorable for mold growth. Seattle's famous overcast, drizzly weather keeps humidity levels elevated much of the year.
Pacific Northwest Mold Challenges
Western Washington faces significant mold challenges due to its persistent moisture. While humidity levels aren't as extreme as the Southeast, the constant dampness and lack of sustained drying periods create chronic moisture conditions. Studies indicate approximately 30-40% of Pacific Northwest homes show signs of moisture problems. Older Seattle-area homes with poor drainage and ventilation are particularly vulnerable.
Mandatory Mold Disclosure
Washington requires landlords to provide tenants with Department of Health-approved information about indoor mold health hazards under RCW 59.18.060(13). This disclosure requirement, enacted in 2005, makes Washington one of few states with explicit mold notification requirements for landlords.
Persistent Rain and Moisture
Western Washington's climate features extended periods of light rain and overcast skies. Unlike areas with intense but brief rainfall, the Pacific Northwest's gentle but persistent precipitation keeps buildings constantly damp. Poor roof maintenance, inadequate gutter systems, and foundation drainage issues quickly lead to moisture intrusion and mold growth.
Common Mold Types in Washington
Western Washington's marine climate with 150+ rainy days annually creates persistent moisture that supports year-round mold growth. The region's older housing stock, often with poor drainage and original single-pane windows, is particularly vulnerable. Unlike areas with brief intense storms, the Pacific Northwest's gentle but constant precipitation keeps buildings continuously damp.
Cladosporium
Extremely common in Pacific Northwest climate; thrives in the persistent dampness of western Washington.
Penicillium
Frequently found in water-damaged buildings; spreads rapidly in Seattle's humid conditions.
Aspergillus
Can cause serious respiratory infections; common in older Seattle-area homes with moisture problems.
Stachybotrys chartarum
Black mold found on chronically wet materials; serious health concerns with prolonged exposure.
Aureobasidium
Common on window frames and caulking in Pacific Northwest homes due to condensation.
Mold Professional Requirements in Washington
Mold Legislation in Washington
Enacted laws, pending bills, and historical legislation related to mold in Washington.
Enacted Laws
SB 5049: Mold Disclosure in Residential Dwelling Units
Requires landlords to provide tenants with information approved by the Washington State Department of Health about the health hazards of indoor mold exposure and how to control mold growth. Information must be provided to new tenants at lease signing or posted in a visible public location. The Department of Health must include landlord representatives when developing the disclosure materials. Landlords are immune from civil liability for failure to provide disclosure except where failure is knowing and intentional.
Impact: Made Washington one of the first states to mandate mold disclosure to tenants, establishing a model for tenant notification about indoor environmental health hazards.
Implied Warranty of Habitability
Washington law establishes an implied warranty of habitability through RCW 59.18.060. Landlords must maintain premises fit for human habitation at all times during the tenancy. This includes keeping the property in substantial compliance with applicable codes affecting tenant health or safety, maintaining structural components in reasonably good repair, providing adequate weatherproofing, and maintaining plumbing, heating, and ventilation systems in reasonably good working order. While mold itself is not explicitly listed as a habitability violation, landlords must fix the conditions that cause mold: water leaks, moisture problems, and inadequate ventilation. [RCW 59.18.060 - Landlord Duties]
Mold Disclosure Requirements
Notable Mold Court Cases in Washington
These cases have shaped mold litigation and tenant rights in Washington. Understanding legal precedents can help inform your own situation.
Atherton Condominium Apartment-Owners Association v. Blume Development Co. (1992)
Summary: Washington Supreme Court case addressing construction defects and water intrusion issues in condominium buildings, establishing standards for builder liability for moisture-related defects.
Outcome: Established important precedent for construction defect litigation related to water intrusion and resulting damage.
Significance: Set framework for holding builders accountable for construction defects that lead to moisture problems and mold growth in Washington.
Local Regulations
Some cities in Washington have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Washington mold law details.
Seattle, WA
Local mold risks, prevention priorities, and next steps for Seattle.
Spokane, WA
Local mold risks, prevention priorities, and next steps for Spokane.
Tacoma, WA
Local mold risks, prevention priorities, and next steps for Tacoma.
Vancouver, WA
Local mold risks, prevention priorities, and next steps for Vancouver.
Bellevue, WA
Local mold risks, prevention priorities, and next steps for Bellevue.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Washington.
Washington State Weatherization Assistance Program
Provides energy efficiency improvements including ventilation upgrades that help prevent mold growth. Priority given to households with members who have respiratory conditions.
Eligibility: Households at or below 200% of federal poverty level
Coverage: Ventilation improvements, moisture control, insulation
Phone: 360-725-2891Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income rural homeowners for repairs including addressing moisture and mold issues.
Eligibility: Very low-income homeowners in rural areas
Coverage: Loans up to $40,000 for repairs; grants up to $10,000 for elderly homeowners
King County Housing Repair Program
Provides home repair assistance to income-eligible King County homeowners, including repairs that address moisture intrusion and mold prevention.
Eligibility: Income-eligible homeowners in King County
Coverage: Essential home repairs including moisture control
Phone: 206-263-9095Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Washington have specific mold laws?
Washington does not have comprehensive mold-specific legislation like some other states. However, RCW 59.18.060(13) requires landlords to provide tenants with Department of Health-approved information about mold health hazards and prevention. Mold issues are generally treated as repair concerns under the Residential Landlord-Tenant Act, and landlords must fix underlying moisture and ventilation problems that cause mold growth.
What mold disclosure must Washington landlords provide?
Landlords must provide tenants with information approved by the Washington State Department of Health about the health hazards of indoor mold exposure and how to control mold growth. Acceptable materials include the Department of Health's "Mold Questions and Answers" document or the EPA's "Brief Guide to Mold, Moisture, and Your Home." This can be given to tenants individually or posted in a visible public location at the property.
How long does a Washington landlord have to fix moisture problems?
Under RCW 59.18.070, landlords must commence remedial action within specific timeframes after receiving written notice: 24 hours for conditions that are imminently hazardous to life or deprive tenant of essential services; 72 hours for loss of refrigerator, range, or major plumbing fixtures; and 10 days for all other defects including most moisture and ventilation issues.
Official Resources
These official resources can help you understand your rights and take action: