[WSBARP] 36 month residential lease not notarized

Fri Oct 1 14:50:52 PDT 2021

Kaitlyn, where is the "statute requiring recording."  RCW 65.08.070 was previously pointed out and it says, in part, "A conveyance of real property, when acknowledged by the person executing the same (the acknowledgment being certified as required by law), may be recorded in the office of the recording officer of the county where the property is situated."

Where is there a recording requirement?

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, October 1, 2021 2:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 36 month residential lease not notarized

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<mailto: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).

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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 Bryce Dille
Sent: Thursday, September 30, 2021 3:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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.

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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
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