Does a Lease Need to be Notarized?

Generally, no.

But, both residential and non-residential leases must be notarized and contain a legal description if the term exceeds a year.[1]

In general an unacknowledged lease for a term exceeding one year is effective only as an oral lease and results in a tenancy from month to month.[2] 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.[3]

It should be noted that the statute of frauds (a legal rule requiring certain contract to be written) affects only the validity of the lease term. It does not “void” the lease, or prevent a tenant from being evicted for non-payment of rent or failure to comply with other lease provisions.

 


[1] RCW 59.04.010 and 59.18.210.

[2] 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).

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