[WSBARP] Lease for a Specified Time and 20 Days Notice

[Doris Eslinger]

My client entered into a residential lease with a corporate landlord.  The lease has a cover sheet in large font that states, among other things: “Lease Start Date: 08/07/2015…Lease End Date: 07/06/2016”  Inside the lease it states: “LEASE TERM.  The initial term of the Lease Contract begins on the 8/7/2015, and ends at midnight of the 7/5/2016.  This lease Contract will automatically renew month-to- month unless either party gives at least 20 days written notice….before the expiration date above ...”  Now Landlord claims that because my client had not given timely 20 days notice to terminate before 07/06/2016, my client is liable for rent beyond the lease expiration.  I believe the lease automatically terminates on July 6, 2016 and no notice is required regardless of what the contract says and would appreciate your input.

My analysis:  

1.       RCW 59.18.200 “(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or …, and shall be terminated by written notice of twenty days or more..” -  I don’t believe my client’s lease is for a indefinite term that rolls into a month to month lease. Besides, the month to month period hasn’t started yet.  My reference on indefinite lease is Housing Resource Group v. Price, 92 Wash. App. 394.

2.      The term of the lease may be ambiguous because the cover states the lease ends on 7/6/2016 without the automatic month-to-month language. In that case, it must be construed against the one who prepared the lease, the landlord.  

3.      RCW 59.18.220 applies: “in all cases where premises are rented for a specified period of time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time.”

4.      RCW 59.18.230: “(1) Any provision of a lease or other agreement, whether oral or written, whereby any section or subsection of this chapter is waived except as provided in RCW 59.18.360 and shall be deemed against public policy and shall be unenforceable.”

Regards, 

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC 
2200 112th Ave NE | Suite 200 | Bellevue, WA 98005 | Phone: (425) 451-3237 | 
Fax: (425) 633-2468 |  <mailto:doris at eslingerlawoffice.com> doris at eslingerlawoffice.com |  <http://www.eslingerlawoffice.com/> eslingerlawoffice.com  

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