[WSBARP] Written lease not acknowledged

[Stephen A. Brandli]

Have a look at Tiegs v. Watts, 135 Wn.2d 1, 15 (1998).

 

                Steve

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Timothy Lehr
Sent: Monday, July 1, 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 <mailto:timothy at stileslaw.com> 

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

 

NOTICE: The information contained in this email is proprietary and/or
confidential and may be privileged. If you are not the intended recipient of
this communication, you are hereby notified to : (i) delete the email and
all copies; (ii) not disclose, distribute or use the email in any manner;
(iii) notify the sender immediately. Thank you. 

 

 

  _____  


 <https://www.avg.com/internet-security> 

This email has been checked for viruses by AVG antivirus software. 
www.avg.com <https://www.avg.com/internet-security>  





-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190701/063fca87/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD343.jpg
Type: image/jpeg
Size: 823 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190701/063fca87/WRD343.jpg>