[WSBARP] Commercial Lease without legal description

Kaitlyn Jackson kaitlyn at dimensionlaw.com
Thu Dec 27 12:53:35 PST 2018


Hi all -

I have a PC with a commercial lease lease for a retail store that is for 10
years beginning in 2016. It is notarized by both parties. All normal
contract terms are present. However, it does not have a valid legal
description - it only has the address and suite number of the leased
premises.

Landlord sold the property and the new owner is trying to terminate the
lease (no information or notice of valid reasons to terminate other than
"I'm the new owner and I want you out"). Tenant pays on time and is in
compliance with all lease terms.

My only concern here is the lack of legal description. I can't seem to find
the specific RCW or case law that requires a legal description under these
circumstances.  All the case law I've seen has to do with leases that also
contain option to purchase agreements; and, as such, require a valid legal
description due to the presence of an option to purchase. I couldn't find
any case law that specifically stated the lease is only valid if there is a
legal description for just a regular commercial lease of a suite in a
building.

I'm also hoping that in the presence of a notarized lease that was drafted
by the landlord, that the lack of a legal description will not give the
landlord the right to terminate since the landlord drafted the document.

Any help or advise is much appreciated.

-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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