[WSBARP] Can A Commercial Lease Guarantor Be Held Liable After Many Lease Term Extensions Not No Extension of the Guranty And No Legal and No Notary?

[Rowley, Rob]

Assume long term commercial lease signed by sophisticated landlord and
sophisticated corporate tenant who also signs as guarantor (spouse doesn't
sign).  Lease was never notarized nor contain a legal description.  In my
humble opinion it converted to a month to month tenancy after the first
year.

Assume several lease term extensions/estoppel certificate (no legal and no
notary) between landlord and corporate tenant but no new personal
guaranties.  Landlord claims it terminates many years in the future.

I'm aware of RCW 64.04.010 and case law as to legal description
requirements.  Read Stoebuck's Deskbook.

Landlord is attempting to use offensive equitable estoppel and breach of
warranty of authority (IMHO no such cause of action) to revive the lease
beyond a month to month tenancy. At best they could recover damages (if
any) under promissory estoppel for breach of the month to month tenancy.

Defenses? Arguments?


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Robert R. Rowley
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