[WSBARP] 36 month residential lease not notarized

Fri Oct 1 14:37:19 PDT 2021

I wonder if the statute requiring recording was implemented after cases
like De Britz and Ben Holtz etc so that these issues/questions were
resolved by legislation rather than case law. On a not-so-nice weekend, I
might just look into that in more depth.

Kaitlyn

On Fri, Oct 1, 2021 at 12:03 PM Mark Anderson <marka at mbaesq.com> wrote:

> 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
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> marka at mbaesq.com
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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
>
> 2010 Caton Way SW Ste. 101
>
> Olympia, WA 98502
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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]
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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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