[WSBARP] Written lease not acknowledged

[Tom Westbrook]

Timothy,



This was my first case after law school in 1973. I argued on behalf of LL
that they could terminate because it was not notarized or witnessed. Judge
said the parties had substantially performed and it would be inequitable to
Tenant given the Tenant’s investment in the property. I learned a lot from
that ruling that helped me understand that statutes don’t always prevail
when there are other factors weighing in the balance.



In you case, I’d rather be representing the Tenant.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Timothy Lehr
*Sent:* Monday, July 01, 2019 9:51 AM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* [WSBARP] Written lease not acknowledged



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

w:  www.stileslaw.com



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