[WSBARP] Effect of Notarization and Addition of Legal to Lease Subsequent to Commencement?

[Maxwell Glasson]

Sam,

I see no reason why that would not remedy the issue.  If the T is paying rent, has taken possession, and LL has accepted the same, then performance would take care of enforceability.  If they are willing to amend things to include the notarization and legal description, that should clean up any other issues.

Maxwell B. Glasson
Glasson Legal, PLLC
2212 Queen Anne Ave. N, #659
Seattle, Washington, 98109
206-627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<http://www.glassonlegal.com/>
WA# 51948  NV# 13339  CA# 292356
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of samuel at meylerlegal.com
Sent: Wednesday, February 2, 2022 11:17 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Effect of Notarization and Addition of Legal to Lease Subsequent to Commencement?

Listmates,

This is (surprisingly) not an issue that I have had to look into before.  Commercial Landlord and Tenant execute a ten year lease but fail to include the legal description and fail to have it notarized prior to commencement.  What is the effect of notarization and amending the lease to add the legal description subsequent to commencement?  Will doing so remedy the issue?  I would expect that the effectiveness and enforceability of the lease would be established based on the agreement and reaffirmation of the parties.  Am I missing something?  Thanks.

Sam


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

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