Washington Landlord Tenant Law

Generally, no.

But, both residential and non-residential leases must be notarized and contain a legal description if the term exceeds a year.[1] The recording statute defines a lease of over two years as a conveyance.[2] 

In general an unacknowledged lease for a term exceeding 1 year is effective only as an oral lease and results in a tenancy from month to month.[3] Courts may under the doctrine of part performance enforce a lease that does not satisfy the statute of frauds if equity and justice so require.[4]

It should be noted that the statute of frauds (rule requiring written, notarized lease and a legal description) affects the validity of the lease between the parties whereas a failure to record does not invalidate a lease or other instrument as to the parties who entered into it. But, a bona fide purchaser or renter without actual notice would not be bound by an unrecorded instrument.[5]

[2] RCW 65.08.060.

[3] Haggen v. Burns, 48 Wn.2d 611, 295 P.2d 725 (1956); Labor Hall Ass’n, Inc. v. Danielson, 24 Wn.2d 75, 93, 163 P.2d 167, 161 A.L.R. 1079 (1945); Garbrick v. Franz, 3 Wn.2d 427, 430, 125 P.2d 295 (1942).

[4] Stevenson v. Parker, 25 Wn. App. 639, 608 P.2d 1263 (1980).

[5] RCW 65.08.070.

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