Renting to Family or a Friend vs a Screened Market Tenant

CompareFacts checked November 8, 2026

Short answer

Renting to a relative can work, but the law treats them as a tenant like any other. Washington's landlord-tenant rules, including just cause and rent increase limits, still apply. For federal taxes, a discount below a fair rental price can turn rental days into personal-use days and limit your deductions. A screened market tenant brings fewer tax and family questions, but more screening work. Decide in writing, before anyone moves in.

Why this choice is bigger than it looks

Renting to a sibling, an adult child, a parent or a friend often starts as a favor. They need a place, you have one, and you trust them. The trouble usually shows up later: a repair you both expected the other to pay for, a rent that never changed, or a move-out nobody wants to talk about.

A market tenant is a stranger you choose through advertising and screening. The relationship is plainer from the start, but you take on fair housing rules for advertising and a screening process you must apply the same way to everyone.

Neither option is wrong. The goal of this guide is to show what changes, in law and in taxes, so you can choose on purpose.

The IRS fair rental price test

For federal taxes, the key question is whether you charge a fair rental price. IRS Publication 527 defines it as the rent a person who is not related to you would be willing to pay, and says rent is not a fair rental price if it is substantially less than rents for similar properties in your area (IRS Publication 527).

A day a family member uses the home counts as a day of personal use by you, unless the family member uses it as their main home and pays a fair rental price. For this rule, family means your spouse, siblings, half siblings, ancestors and lineal descendants. A day anyone uses the home at less than a fair rental price is also personal use, whether they are family, a friend or a stranger. The underlying rule is in 26 U.S.C. 280A.

Publication 527 gives two plain examples. Renting to your son at a fair rental price as his main home is not personal use by you. Renting an apartment to your mother at less than a fair rental price is. Personal use can limit what you deduct, and if a rental is not run to make a profit, you still report the rent but can no longer deduct rental expenses. Our post on rental property tax benefits covers the deductions themselves.

Washington tenant law applies to relatives too

The Residential Landlord-Tenant Act lists the living arrangements it does not cover, such as hotels, institutions and some employee housing. Renting to a relative or friend is not on that list (RCW 59.18.040). So the same rules apply:

  • No deposit without a written lease and a signed move-in checklist (RCW 59.18.260).
  • Any nonrefundable fee must be labeled nonrefundable in a written agreement, or it is treated as a refundable deposit (RCW 59.18.285).
  • Deposits go into a trust account, and the move-out statement and any refund are due within 30 days (RCW 59.18.270 and 59.18.280).
  • You need one of the causes in RCW 59.18.650 to end most tenancies, even if the tenant is your cousin.
  • Rent cannot go up during the first 12 months, later increases are capped each year, and each increase needs 90 days' notice (RCW 59.18.700 and RCW 59.18.140).
Relative, friend or market tenant: what usually fits
If this is youWhat often fitsWhat to check first
A close relative will pay a fair rental price as their main homeRenting to them on a full written leaseThat the rent matches what an unrelated renter would pay
A relative or friend needs a discountA written lease, with the tax effect understoodPersonal-use days and the limits on deductions
You may want the home back within a few yearsA market tenant, or a relative with clear written termsWhich just-cause reason and notice would apply
You plan to advertise the homeScreening every applicant the same wayAd wording and written screening criteria
You want an arm's-length relationshipA screened market tenant, often through a managerWho handles screening, the lease and repairs

The discount you cannot easily undo

That last rule matters most for family deals. If you start a relative well below market, the annual cap limits how fast you can bring the rent up, even if the relationship changes. And if you want the home back, a relative has the same just-cause protections as anyone else. RCW 59.18.650 sets the notice for each cause, such as at least 90 days when the owner or immediate family will move in.

So write down the plan up front: the rent, who pays which bills, how repairs work, and when the arrangement will be reviewed. A clear lease protects the relationship as much as the property.

Think about the other people in the home, too. If the named tenant later moves out, Washington requires you to give any remaining occupant who lived there for at least six months a notice to either apply to join the lease or leave within 30 days, and you may screen them like any applicant (RCW 59.18.650).

Fair housing once you advertise

If you rent to a relative without advertising, you are choosing a known person. Once you post a listing, fair housing rules shape what you can say and how you choose. Federal law bars any rental notice or ad that states a preference based on a protected class, and that ad rule applies even to owners who are otherwise exempt (42 U.S.C. 3604). The federal exemption for a single-family home rented by its owner is also lost when the owner uses a broker or agent (42 U.S.C. 3603).

Washington's law (RCW 49.60.222) applies to any person in a rental transaction, and its small-owner exception covers only the disability modification and accommodation rules. Our Fair Housing Act in Washington page covers the protected classes.

A practical rule: decide about the relative before you advertise. Once a listing is public, judge every applicant by the same written criteria.

What screening a market tenant involves

Before you collect any screening information, Washington requires written notice to the applicant of what you will check, what criteria can lead to denial, and the consumer reporting agency you use. If you deny or add conditions, you owe a written adverse action notice (RCW 59.18.257). Our step-by-step post on tenant screening in Washington walks through the order.

Wilson Management's tenant screening page says its review covers credit history, income and employment, rental history, background and eviction records, and that screening can be part of full management or of its tenant placement service. Some owners hire a manager even for a relative, so the lease, deposit and repairs stay at arm's length. Our guide to documents to gather before hiring a property manager lists what to have ready. If a relative or friend has offered to manage the home for you instead, that is a separate choice, covered in our guide on a licensed property manager vs a friend or relative.

Frequently asked questions

Can I rent to my son or daughter and still deduct rental expenses?

Often, yes, if they use the home as their main home and pay a fair rental price. IRS Publication 527 says that is not personal use by you. If you charge substantially less than similar rentals, the days count as personal use, and your deductions can be limited.

Do I need a written lease if I rent to a family member in Washington?

If you collect any deposit, yes. RCW 59.18.260 bars collecting a deposit without a written rental agreement and a signed move-in checklist. Even without a deposit, a written lease is the clearest record of rent, repairs and how the tenancy can end.

Can I raise my relative's rent to market rate later?

Only within the law. RCW 59.18.700 bars increases in the first 12 months and caps later increases each year, and RCW 59.18.140 requires 90 days' written notice. A large gap between family rent and market rent can take years to close.

Does fair housing law apply if I rent to a friend without advertising?

Fair housing law covers how you choose and treat tenants. Rules about ads apply when you advertise, and the federal small-owner exemption is lost if you use a broker. Washington's law covers most rentals. If you list the home publicly, apply the same criteria to every applicant.

Should a relative go through tenant screening?

Washington law does not require you to screen before renting, but if you do screen, RCW 59.18.257 rules apply, such as written notice of what you will check. Many owners at least confirm income and rental history so both sides go in with clear expectations.

Recent changes

  • May 7, 2025: Washington's rent stabilization law took effect. It bars rent increases in the first 12 months of a tenancy and caps later annual increases, which limits how fast a below-market family rent can be raised. Washington State Legislature: HB 1217 (2025)

Sources

  1. IRS Publication 527 (2025), Residential Rental Property
  2. 26 U.S.C. 280A, Personal use of a dwelling unit (Cornell LII)
  3. RCW 59.18.040, Living arrangements exempted (Washington State Legislature)
  4. RCW 59.18.700, Rent increase limits (Washington State Legislature)
  5. RCW 59.18.257, Screening of prospective tenants (Washington State Legislature)
  6. 42 U.S.C. 3603, Fair Housing Act exemptions (Cornell LII)
  7. RCW 49.60.222, Unfair practices in real estate transactions (Washington State Legislature)
  8. Wilson Management: Tenant Screening Services

Facts on this page were checked against these sources on November 8, 2026. Laws and official guidance change, so check the current text before you act. This guide is general information, not legal or tax advice.

Reviewed by Gary E. Wilson, President and Designated Broker (WA licensed), Wilson Management, Inc., on November 8, 2026.

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