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I read in the WA Residential Landlord Tenant Act that a lease over 12 months must be notorized. Is this enforceable?
Washougal, WA
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Posted about 1 month ago in Landlord / Tenant
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My lease is for 18 months and it wasn't notirized. I want to know if this voids my lease. I have to pay a $1000 penalty for breaking my lease if I find a new tenant and $2000 if I don't find a new tenant plus any rent that accrues while the property is vacant.
Answers (2)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 month ago.
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Because an oral rental agreement can be valid, the failure of the long term written agreement to fully comply with statutory requirements does not necessarily void the written agreement entirely.
The judge hearing the case may decide that the lease is definite for one year and converts to a month to month rental after the one year. Alternatively, the judge may decide that the agreement follows that statutory Residential Landlord-Tenant Act which has the default rental period as month to month. In general, the tenant can be liable for the rent for the entire rental period. However, the landlord has a duty to mitigate the landlord's damages in case the tenant abandons the rental. How much you would end up paying for breaking your rental agreement depends on your specific facts. You should review those facts with local attorneys who likely are more aware of local practices of the court and the rental market. Travis Scott Eller
This attorney is licensed in Washington.
Posted 5 days ago.
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This is an example of what is known as the "statute of frauds".
Partial performance may excuse the requirements of the statute of frauds. In the context of leases Washington courts have held that if the tenant takes possession and pays rent the lease will be enforced. The lease is not automatically void, and may be enforceable. If a court finds the lease violates the statute of frauds it is a month-to-month tenancy. The $1000 and $2000 provisions may or may not be enforceable. This is a liquidated damages clause, which must be a reasonable forecast of future damages. Also, such damages are capped by statute. RCW 59.18.310. |