[WSBARP] 36 month residential lease not notarized

[Mark Anderson]

In that light, I saw the following argument in a recent summary judgment motion.

In Ben Holt Industries, Inc. v. Milne, 36 Wn.App. 468, 675 P.2d 1256 (1984), the court examined whether there was sufficient part performance to take a defectively acknowledged lease outside the statute of frauds. The court recognized the rule that generally some conduct of the tenant or landlord beyond payment of rent and possession is required. Id at 474 ( citing to Priestly Mining & Milling Co. v. Lenox Mining and Dev. Co., 41 Wn.2d 101, 247 P.2d 688 (1952) (built camp and performed work); Franklin v. Fischer, 34 Wn.2d 342, 208 P.2d 902 (1949) (completely performed oral agreement); Rowland v. Cook, 179 Wn. 624, 38 P.2d 224 (1934) (built improvements for tenant)). The court also recognized a line of cases in which long acquiescence under the terms of the lease is sufficient to avoid the statute of frauds. Id. (citing to Metropolitan Bldg Co. v. Curtis Studio, 138 Wn. 381, 244 P. 680 (1926) (payment of rent for 7 years on unacknowledged lease); Stevenson v. Parker, 25 Wn.App. 639, 642, 608 P.2d 1263 (1980) (payment of rent for 4 years on a defective lease).

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211001/d37c6b90/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 7674 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211001/d37c6b90/image001.png>