Legal Question in Landlord & Tenant Law in Washington
Is my Lease still binding?
I am in the military on a short tour for one year to Korea. My wife signed a lease for that year(April 06 - April 07) on a house to rent. Now the landlord is telling us that he wants her to move out immidiately so he can sell the house. We brought up the fact that both he and my wife signed the lease, however he then informed her that the house was not in his name, but his common-law wife's name, therefor making the lease null and void.
My question is he still bound to the lease and can he evict us. If so is it not fraud that he signed the lease when he did not own the house?
1 Answer from Attorneys
Re: Is my Lease still binding?
Hello: This is an interesting question. I say so because I have argued sucessfully that a lessor did not have standing to sign a lease because he was divorcing his wife who recieved the house in the disso settlement, and thus had no standing. The net result of that case was that the landlord owed my client, the tenant, a lot of money and my attorney fees, so it turned out well for the tenant.
However, that said, if he misrepresented the situation, and you and your wife relied on that material misrepresentation to your detriment, a court might well find that is fraud. Fraud is tricky, and must be pled with specificity. You cannot just throw it out there and expect it to stick.
I have also argued sucessfully that a landlord cannot end a lease with a 20-day notice to quit and breach the lease that way. He has obligations, and cannot bail on them.
You also get some protection from the Soldier's and Sailor's Civil Relief Act because you are in the service. (Thank you!!!)
You and your landlord can enter into an accord and satisfaction to end the lease early, but he will need to provide consideration in order to gain the benefit he wants. In other words, he could offer to pay you and your wife to end the tenancy early. But he cannot expect you to move on a whim when you have a lease. It would be reasonable for him to pay your expenses to move, for example.
Appears you are in Walla Walla - Division III of the Court of Appeals is an absolute stickler for procedural fairness in unlawful detainers.
If you need help with this do not hesitate to contact me directly. Address and contact information is provided here.
Elizabeth Powell