Giving Intent to Vacate notice on an 18 month lease.

Bankruptcy and Debt 1 views 2 answers
I have lived in my current apartment for 5 years, and each year I have signed a 12 month lease. In 2010 I signed a lease that was supposed to expire at the end of March 2011. I went to give my notice to vacate and the Manager told me that my lease didn't expire until October 2011. She showed me her copy of the lease and it does show the Oct date. I am willing to admit I MIGHT have not correctly read the date when I signed the lease. However, the copy in my file is notarized for the property mgmt. company but no notarization is shown for me. She claims that notarizing one signature is enough but WA states Landlord -Tenant law says that the "Tenant and Landlords signature must be notarized. Does this mean that my lease isn't valid after the 12 month expiration in the end of March 2011?

Attorney Answers

2
Elizabeth Powell ·
The landlord cannot hold you to your lease for over a year unless your signature is acknowledged. The court would, if asked, construe your lease to be valid for one year from the date you signed but no longer than that. The court can't. See RCW 59 18 230. Any term of a lease that is inconsistent with the RLTA (not the entire lease, just the inconsistent term) is uninforceable. WA courts do not use the Consumer Protection Act as an enforcement mechanism for the RLTA. This is based on a 20-year old decision called State v. Schwab. Thus the RLTA has its own separate provisions for remedies which do not allow CPA remedies. Bottom line an interest in property for more than a year violates the Statute of Frauds without your signature being acknowledged. So with all respect, your manager's opinion is incorrect. You can provide your termination notice for the end of March so long as it is delivered on or before March 10. Your obligation is not to make your manager accept it, your obligation is to be sure that you send the notice, either personally or by mail. And you'll want to keep a copy. If the lease looks at first glance as though your signature was notarized, you'll need to be prepared to explain this to a court. I'm not looking at the lease, so I can't tell. Please consider a brief consult with a local attorney for advice based on your lease. If questioned, what would the notary say? They are supposed to keep records of all signatures they acknowledge, so theoretically if your name was not in their book then there is no proof your signature was acknowledged. Hope this helps. Elizabeth Powell
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