[WSBARP] Unacknowledged lease

[Bryce Dille]

Listmates: I have a situation where there is a five year lease with option to renew which was not acknowledged and the five years is about up and tenant has given notice of exercise of option. Tenant prepared the lease and has only made lease payments no other improvements. Landlord wants to take position the  lease under RCW 59.04.010  is voidable as to the option to renew and renegotiate the renewal terms. The cases seem to be all over the waterfront as to whether just payment of rent and nothing more by tenant creates an estoppel or part performance argument as to enforceability of the lease. Have any of you had any experience in this type of scenario and what was the outcome? Thanks

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Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
Voice:  253.848.3513
Fax: 253.845.4941
bryced at cdb-law.com<mailto:bryced at cdb-law.com>

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