[WSBARP] Written lease not acknowledged

[Timothy Lehr]

Listmates,

 

Has anyone dealt with a lease for more than one year that wasn't notarized
or witnessed and whether equitable doctrines would prohibit the landlord
from terminating the lease prior to its expiration date? PC is commercial
renter with a lease to farm certain property signed by both parties for 5+
years. It was not witnessed or notarized. LL threating to terminate the
lease based on the lease not being notarized and defaulting into a 1 year
term. There's still a few years left on the lease and PC will lose
considerable money from farming/packaging/harvesting on the property. 

 

RCW 59.04.010 seems to require the lease be witnessed or acknowledged if for
more than a year. I've also seen a couple cases that allow lease to survive
on equitable doctrines when you can show both parties relied on the lease.
Just wondering whether that is generally successful or not. 

 

Thanks,

 

Timothy C. Lehr

Attorney at Law

Stiles Law Inc., P.S.

 

p:   360.855.0131

e:   timothy at stileslaw.com <mailto:timothy at stileslaw.com> 

w:  www.stileslaw.com <http://www.stileslaw.com> 

 

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