Rent it or sell it · the tax clock
Sell or rent my house? The 2-of-5-year capital-gains clock in Washington
In short
If you lived in the house until you moved out, you can rent it and still exclude up to $250,000 of gain ($500,000 married filing jointly) under Section 121, as long as the sale closes within 3 years of moving out. The test is 2 of the last 5 years. Depreciation you took is taxed at up to 25%. Washington's capital-gains tax does not apply to real estate.
Updated · Adriano Tori, Designated Broker
Part of Guides for owners from RexMont Property Management.

Page author
Adriano Tori
Founder & Designated Broker — RexMont Real Estate · WA Lic. #27660
Adriano leads RexMont Real Estate — the most-reviewed real estate brokerage in Seattle and the Eastside. 1,200+ closed transactions, $1B+ in production, and 1,242 five-star Google reviews.
The decision to rent a former home is really a decision about a date. I'm Adriano Tori, Designated Broker of RexMont Real Estate. We manage single-family rentals across Bellevue, Seattle and the Eastside, and we list and sell those same homes when the owner is ready, so this is the conversation we have with every owner who is leaving a house behind: the federal exclusion keeps running for three years after you move out, and the month it lapses is the month you should already have decided. The rules below are the IRS's own, cited by section, with a worked example at a Bellevue price. Not tax advice; confirm your numbers with your CPA.
What is the 2-of-5-year rule in Section 121?
Internal Revenue Code § 121 lets you exclude up to $250,000 of gain on the sale of your main home, or $500,000 on a joint return, if you pass two tests measured over the 5-year period ending on the sale date (IRS Topic 701, read 2026-10-15):
- Ownership test: you owned the home for at least 24 months of those 5 years.
- Use test:you lived in it as your main home for at least 24 months of those 5 years. The months do not have to be continuous (IRS Publication 523: “The 24 months of residence can fall anywhere within the 5-year period, and it doesn't have to be a single block of time.”).
- Once every 2 years: you generally cannot take the exclusion if you excluded gain on another home in the 2 years before this sale.
On a joint return each spouse must meet the use test individually; only one needs to meet the ownership test.
How long can I rent the house before the exclusion lapses?
Three years, counted from the day you stop living there, if you had lived there for at least the 2 years before that. The arithmetic: the look-back is 5 years ending on the closing date, you need 2 of them as a resident, so up to 3 of them can be rental years. Move out on 1 July 2026 and the last closing date that still passes the use test is 30 June 2029.
The date that matters is the closing date of the sale, not the listing date or the day the tenant leaves. On the Eastside a well-prepared house lists, goes pending and closes in roughly 6 to 10 weeks when the market is normal, and the tenancy has to end first (Washington's just-cause rules require at least 90 days' notice to end a periodic tenancy to sell a single-family home, RCW 59.18.650(2)(e); fixed terms end on their date). Work backwards from the clock: tenant notice no later than month 32, listing by month 33, closing inside month 36.
The IRS carves out two kinds of exceptions (Publication 523): the 5-year period is suspended for up to 10 years for qualified official extended duty (uniformed services, Foreign Service, intelligence community), and a reduced exclusion is available when a sale before the 2-year mark is caused by a change in employment, health or an unforeseen circumstance. Neither extends the window for an ordinary landlord who simply kept renting.
Does renting the house count as nonqualified use?
No, in the common order of events. Since 2009 the Code allocates gain to “nonqualified use” (time after 2008 when the home was not your main home) and that share cannot be excluded. Publication 523 then lists what does not count as nonqualified use, and the first item is “any portion of the 5-year period ending on the date of the sale or exchange after the last date you or your spouse used the property as your main home.” Rent the house after you leave, sell inside the window, and the rental years are not nonqualified use.
The rule bites in the other order: a house you bought as a rental after 2008, rented for a few years, then moved into and later sold. There the rental years are nonqualified use and a fraction of the gain (nonuse days ÷ days owned) is taxable even if you pass the 2-of-5 test. If that is your history, the worked example below does not apply to you; run Worksheet 3 in Publication 523 with your CPA.
What does depreciation recapture cost when I sell?
The moment the house becomes a rental, the IRS treats the building as a depreciable asset over 27.5 years (Publication 527, Table 2-1). Your basis for depreciation is the lesser of your adjusted basis or the home's fair market value on the day you convert it, and land is never depreciated. Depreciation is allowed or allowable, which means recapture applies whether or not you claimed it, so claim it.
When you sell, “you can't exclude the part of your gain equal to any depreciation allowed or allowable” for periods after May 6, 1997 (Publication 523). That slice is unrecaptured Section 1250 gain, taxed at a maximum federal rate of 25% (IRS Topic 409, tax year 2025 rates). The rest of the gain, after the exclusion, is long-term capital gain at the 0%, 15% or 20% bracket for your income.
A worked example at a Bellevue price
The numbers are an illustration, not a market statistic: a married couple, a house bought in 2016, converted to a rental in July 2026 and sold either inside or just after the window. Your own basis (purchase price plus capital improvements) and the county's land-to-building split change every line.
| Step | Illustration |
|---|---|
| Bought (2016) | $900,000 purchase price; adjusted basis $900,000 for the example |
| Moved out and rented (July 2026) | Value at conversion $1,600,000; depreciable basis is the lesser of adjusted basis or value at conversion, so $900,000; land share set at 40% for the example, building $540,000 |
| Depreciation while rented | $540,000 ÷ 27.5 years ≈ $19,600 a year; 2.5 years ≈ $49,000 |
| Sold (closing by June 2029, inside the window) | $1,750,000 sale price, $100,000 selling costs; amount realized $1,650,000 |
| Total gain | $1,650,000 − ($900,000 − $49,000 depreciation) = $799,000 |
| Depreciation recapture | $49,000 taxed as unrecaptured Section 1250 gain, up to 25% federal |
| Section 121 exclusion (married filing jointly) | Up to $500,000 of the remaining $750,000 excluded |
| Federal long-term capital gain | $250,000 at the 0% / 15% / 20% brackets for your income, plus any net investment income tax |
| Washington capital gains tax | $0: real estate is exempt |
| Same sale, closing in August 2029 (after the window) | No Section 121 exclusion: the full $750,000 is taxable gain plus the $49,000 recapture, unless deferred by a 1031 exchange |
The gap between the two closing months in the last two rows is the entire $500,000 exclusion. That is why the clock date goes on the management file on day one, and why the Fair Exit Guarantee in every RexMont agreement waives the initial term when you list the house for sale with RexMont: the manager and the listing agent are the same team, so the renew-or-sell decision is run on the real numbers each year, not after the window closes.
Does Washington's capital gains tax apply to a house sale?
No. Washington's capital gains tax, enacted in 2021, is a 7% tax on the sale or exchange of long-term capital assets above a standard deduction ($278,000 for 2025, adjusted for inflation each year), and the Department of Revenue lists real estate among the exempt assets (Washington DOR, Capital gains tax, read 2026-10-15). Selling a Bellevue house, whether it was your home or your rental, is outside the state tax. Interests in an entity that owns real estate are a different question for your CPA.
Washington has no state income tax, so the federal rules above are the whole tax picture for most owners, with the real estate excise tax (paid by the seller at closing on the sale price) as the state's share.
What are my options if I want to keep renting past the window?
- Sell inside the window. The default when the gain is large relative to the rent: take the exclusion, pay recapture on the depreciation, redeploy the equity. RexMont lists the house with the tenancy ended cleanly, under the 90-day notice rule, and the management term is waived when you list with us.
- Keep the rental and plan a 1031 exchange later. Once the exclusion lapses, the house is an ordinary investment property; its gain can be deferred into another investment property under Section 1031 (45 days to identify, 180 days to close, a qualified intermediary from day one). See our 1031 exchange guide for Washington.
- Move back in. It restarts the use test, but because the rental years now sit before your last use as a main home, they become nonqualified use and a share of the gain stays taxable. Model it before relying on it.
- Hold for the long term. If the house cash-flows and you have no need for the equity, the exclusion is a lost option, not a penalty; the step-up rules at death are a separate conversation for your estate planner.
How do I decide between renting and selling right now?
Put three numbers side by side: the net proceeds from a sale today (we price it from closed Bellevue sales, not an automated estimate), the net rent after vacancy, maintenance, management and taxes for the next 36 months, and the tax cost of selling in month 36 versus month 1. Renting wins when the mortgage is cheap, the home cash-flows at market rent and you want the option to return. Selling wins when the equity is large, the rent yield is thin, or you do not want to run a rental from another city.
Either way the first step is the same: the current rent your house commands, from live Bellevue lease data, next to its sale value. Start with Bellevue property management for the rent side and sell my house in Bellevue for the sale side; the same team answers both.
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Next step
Rent it now, sell it inside the window, with one team.
RexMont manages the house at 8%, 9% or 10% of rent collected, puts the Section 121 date on your file, runs the renew-or-sell numbers every year, and lists it when the numbers say sell; the management term is waived when you list with us.
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FAQ
Section 121 and the rental clock — questions owners ask
If I rent out my house, do I lose the $250,000 / $500,000 exclusion?
Not immediately. Section 121 asks whether you owned and lived in the home for at least 2 of the 5 years ending on the sale date. If you lived there until the day you moved out, you can rent it for up to 3 years and still pass the test, provided the sale closes inside that window. Close after it and the exclusion is gone unless an IRS exception applies.
Does the time I rent the house count as 'nonqualified use' that reduces the exclusion?
No, when the rental period comes after your last day living there and falls inside the 5-year look-back. IRS Publication 523 excludes that period from nonqualified use. Nonqualified use is the other order: a home you rented first (after 2008) and moved into later.
What is depreciation recapture when I sell a former home I rented out?
The part of your gain equal to the depreciation you took (or could have taken) after May 6, 1997 cannot be excluded under Section 121 and is taxed as unrecaptured Section 1250 gain at a maximum federal rate of 25% (IRS Topic 409). Residential rental property depreciates over 27.5 years; land does not depreciate.
Does Washington's capital gains tax apply when I sell a rental house?
No. The Washington Department of Revenue lists real estate among the assets exempt from the state's capital gains tax. Federal tax still applies to any gain above the Section 121 exclusion and to depreciation recapture.
What if I want to keep the house as a rental past the 3-year window?
Then the Section 121 exclusion lapses and the whole gain becomes a federal taxable event when you sell, unless you defer it with a 1031 exchange into another investment property. The decision point is the month the window closes; RexMont puts that date on every owner's file and runs the renew-or-sell numbers before it.
Is this tax advice?
No. It is the published federal rule set and a worked illustration from a Washington brokerage that manages and sells homes. Your basis, filing status, prior exclusions and any exceptions change the result; confirm your own numbers with your CPA before you decide.
Sources and verification
Every rule on this page was read against its primary source on the date shown and carries its jurisdiction and section. Laws change; the page is reviewed when they do and the “Updated” line at the top moves with it. Figures without a source were left out.
- 26 U.S.C. § 121 — Exclusion of gain from sale of principal residence (the Code section) — read 2026-10-15
- IRS Topic no. 701, Sale of your home (ownership and use tests, $250,000 / $500,000) — read 2026-10-15
- IRS Publication 523, Selling Your Home (nonqualified use, depreciation after May 6, 1997, exceptions) — read 2026-10-15
- IRS Topic no. 409, Capital gains and losses (25% maximum on unrecaptured Section 1250 gain; 0/15/20% brackets) — read 2026-10-15
- IRS Publication 527, Residential Rental Property (27.5-year recovery period; basis at conversion; land not depreciable) — read 2026-10-15
- Washington Department of Revenue, Capital gains tax (7% rate; real estate exempt; $278,000 standard deduction for 2025) — read 2026-10-15
- RCW 59.18.650(2)(e), 90 days' notice to end a periodic tenancy to sell a single-family residence — read 2026-10-15
RexMont Real Estate is a licensed Washington brokerage (firm lic. #21220), not a law firm or a tax adviser. This page is general information for owners, not legal advice and not tax advice; confirm your own numbers with your CPA. Questions about a specific tenancy go to a Washington landlord-tenant attorney.