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

Kary Krismer Krismer at comcast.net
Wed Feb 2 11:30:19 PST 2022


My only issue would be adding some language expressly adding the new 
legal as part of the agreement, even if there were prior language 
referring to a legal that did not exist.  That way you wouldn't need to 
rely on parol evidence as to what was intended, which may be 
difficult/impossible.

Kary L. Krismer
206 723-2148

On 2/2/2022 11:23 AM, Maxwell Glasson wrote:
>
> 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>
>
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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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