Legal Question in Landlord & Tenant Law in Washington
Giving less notice to vacate than agreed upon
I signed a one year lease on a rental house. The lease has run
out and I have been living month-to-month. No new lease has
been signed. On the original lease, the landlord stated that I am to
give sixty days notice to vacate rather than the legal twenty days. I
am legally obligated to give sixty days notice to vacate or can I
legally give twenty days notice?
1 Answer from Attorneys
Re: Giving less notice to vacate than agreed upon
Since you�ve apparently stayed beyond the expiration of your original lease, and the landlord has apparently accepted next month's rent, under the law, it is assumed that you are now renting under a �month-to-month� agreement. This means that the 60-day notice requirement in your original lease agreement is no longer binding upon you. Under R.C.W. 59.18, you must still notify the landlord when you wish to vacate, but only a 20-day notice needs to be given. The notice should be in a written form and must be received by the landlord at least 20 days before the end of the rental period (the day before rent is due). The day on which the notice is delivered does not count, so plan accordingly.