[WSBARP] Lease for Life in Seattle

Mon Aug 1 17:39:14 PDT 2022

Here is one I drafted a few years back.  This was before all of the
landlord-tenant law changes the last few years so it will need to be
updated accordingly.  Also, this was in Whatcom county.  If you need one
for Seattle, King County or the other jurisdictions with the additional
landlord-tenant rules it will need to be adjusted.

Both signatures need to be notarized.  I would also record it at the county
auditor's office.  I can't speak to any tax implications.

I have never litigated a life lease dispute before so I do not know if the
abandonment provisions I put in there would hold up in court.  It seems
like a reasonable provision to include to address what happens if the
tenant abandons the place but won't sign a mutual termination.  Hopefully
this is unlikely to happen with a family member as the tenant.  Also, make
sure to include some sort of consideration for rent.  The attached one
includes the payment of taxes, utilities, etc.  I also added
maintenance/repairs but if that provision is ever challenged it would
likely fail since statutes address the duties of the landlord.

I hope this helps.

Kelby J. Derenick
Attorney

*10018 Greenwood Ave. N*
*Seattle, WA 98133*
*Ph. (206) 659-5061*

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On Mon, Aug 1, 2022 at 4:53 PM Jeanne Dawes <jjdawes at goregrewe.com> wrote:

> Please reply to the list – I have a similar situation and am working on
> pro’s and cons of a life-time lease vs. a life estate.  The life-time lease
> should not be a countable asset for Medicaid if tenant does need that in
> the future, and it seems to me the owner would have better options for
> removing the tenant if there is a breach of the lease – which is why I’m
> leaning towards the life-time lease.  I did not know about the Senior tax
> exemption which is also a pro.
>
>
>
> If anyone is willing to share an example of such a lease that would be
> great.
>
>
>
> *Jeanne*
>
>
>
> *Jeanne J.* *Dawes*
>
> Attorney at Law
>
> Gore & Grewe, P.S.
>
> 103 E. Indiana Avenue, Suite A
>
> Spokane, WA 99207-2317
>
> Voice:  509-326-7500
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com *On Behalf Of *Elizabeth [Lisa]
> M. Carney
> *Sent:* Monday, August 01, 2022 3:01 PM
> *To:* 'KCBA Real Property, Probate and Trust Law Discussion List' <
> realpropertyprobatetrustlaw at lists.kcba.org>; WSBA Real Property Listserv (
> wsbarp at lists.wsbarppt.com) <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Lease for Life in Seattle
>
>
>
> Colleagues,
>
>
>
> Seeking assistance on preparing a lease for life.  Residentially speaking.
>
>
>
>
> Story is… daughter is the only name on title of property that was always
> intended to be where her father lived until he died. Some all of the money
> used for purchase was from father. There is a current lease, suboptimal,
> bordering on worse than no lease at all.
>
>
>
> Skip option of putting father on title.
>
>
>
> Daughter wants to ensure father gets to stay there until he dies. Also, I
> am aware a person can get a tax break as a senior even if not an owner, but
> with a lease for life.
>
>
>
> Questions- [1] what additional language may be needed in the lease? , and
> [2] what are the extra steps needed to have lease properly noted to be
> eligible for the tax relief?
>
>
>
> Do you know anyone who might have an example of a lease for life?
>
>
>
> Thank you for assistance or direction.
>
>
>
> Best,
>
> Lisa
>
>
>
>
>
>
>
>
>
> *   Elizabeth [Lisa] M. Carney*
>
>          Attorney at Law
>
>
>
> [image: devrieze-carney logo 6 13_60%]
>
> de Vrieze | Carney pllc
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> Phone: 206.938.5500
>
> Fax: 206.535.6264
>
> Carney at WestSeattleLaw.com
>
> www.WestSeattleLaw.com <http://www.westseattlelaw.com/>
>
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