[WSBARP] 36 month residential lease not notarized

[Kaitlyn Jackson]

All conveyances of real property must be recorded. A "conveyance" is a
lease term of more than 2 years. I understand that commercial leases don't
generally follow through with this - but I think most of the commercial
leases I've drafted/reviewed have language where the parties waive this
requirement. So, if this requirement was not waived, thaen the conveyance
is not valid. I think the next question, however, is who has the right to
enforce (or not enforce) this statute. I doubt that a party with unclean
hands would have that benefit.

RCW 65.08.060 <http://app.leg.wa.gov/RCW/default.aspx?cite=65.08.060>
Terms defined.
(1) The term "real property" as used in RCW 65.08.060
<http://app.leg.wa.gov/RCW/default.aspx?cite=65.08.060> through 65.08.150
<http://app.leg.wa.gov/RCW/default.aspx?cite=65.08.150> includes lands,
tenements and hereditaments and chattels real and mortgage liens
thereon *except
a leasehold for a term not exceeding two years.*
(2) The term "purchaser" includes every person to whom any estate or
interest in real property is conveyed for a valuable consideration and
every assignee of a mortgage, lease or other conditional estate.
(3) The term "conveyance" includes every written instrument by which any
estate or interest in real property is created, transferred, mortgaged or
assigned or by which the title to any real property may be affected,
including an instrument in execution of a power, although the power be one
of revocation only, and an instrument releasing in whole or in part,
postponing or subordinating a mortgage or other lien; except a will, *a
lease for a term of not exceeding two years,* and an instrument granting a
power to convey real property as the agent or attorney for the owner of the
property. "To convey" is to execute a "conveyance" as defined in this
subdivision.
(4) The term "recording officer" means the county auditor or, in charter
counties, the county official charged with the responsibility for recording
instruments in the county records.
[ 1999 c 233 § 16
<http://lawfilesext.leg.wa.gov/biennium/1999-00/Pdf/Bills/Session%20Laws/House/1647-S.SL.pdf?cite=1999%20c%20233%20%C2%A7%2016>
; 1984 c 73 § 1
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c73.pdf?cite=1984%20c%2073%20%C2%A7%201>
; 1927 c 278 § 1
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1927c278.pdf?cite=1927%20c%20278%20%C2%A7%201>;
RRS § 10596-1.]

On Fri, Oct 1, 2021 at 9:14 AM Athena Dickerson <athena at detsparlaw.com>
wrote:

> Same, I hardly ever see leases recorded -and although I see memoranda of
> leases recorded on occasion it is usually when a big box player is involved
> (Kroger, Panera, etc)
>
>
>
> Athena Makratzakis Dickerson
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Maxwell Glasson
> *Sent:* Thursday, September 30, 2021 7:15 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] 36 month residential lease not notarized
>
>
>
> Not required, but not doing so could give rise to a record notice issue to
> third parties that take might interest in the property without actual
> knowledge of the lease.
>
>
>
> In my experience, I don’t see many memoranda of leases recorded in the
> commercial context.  Even less so with residential leases.
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Thursday, September 30, 2021 4:12 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] 36 month residential lease not notarized
>
>
>
> I thought leases over 2 years had to be recorded?
>
>
>
> On Thu, Sep 30, 2021 at 3:52 PM Tom Westbrook <tjw at w3net.net> wrote:
>
> First case I ever tried out of law school in 1973; Bryce is 100% correct.
>
>
>
> 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 *Bryce Dille
> *Sent:* Thursday, September 30, 2021 3:10 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] 36 month residential lease not notarized
>
>
>
> There are cases that you should check out where the court has held
> continued possession, payment of rent and or improvements to the property
> constitute part performance and take it out of the statute of fraud
> restrictions.
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Josh Grant
> *Sent:* Thursday, September 30, 2021 2:55 PM
> *To:* wsbar <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] 36 month residential lease not notarized
>
>
>
> If a residential tenant under a 36 month residential lease and the
> landlord’s signature is not notarized; does that mean it is only valid one
> year and the landlord can send a 90 day notice effective at the end of the
> first 12 months?  This case also involves many months of nonpayment of
> rent, I assume that also is a 90 day notice (which would be before the end
> of the one year).
>
> Thanks
>
> Josh
>
> *Joshua F. Grant*
> [image: advocates]
> P. O. Box 619
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> --
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> Thank you,
>
>
> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
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-- 
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

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.

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