Legal Question in Landlord & Tenant Law in Washington

rental leases

when i moved here in december of 2005, i signed a lease. evidently, i didn't look closely enough to find out the real estate agency was beginning the lease on the first day of the second month of my tenancy. i did sign it, but i've never been involved with an agency that didn't begin the lease on the first day of occupation. is this legal to do? i am currently needing to move back to california and the agency is holding me to the extra month. is it legal to start a lease whenever the agency wants or does the lease, by law, begin when the tenant move in? i moved in december 1st, but the lease is written as not starting until january 1st.


Asked on 3/26/06, 7:56 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: rental leases

Hello: Usually I see rental agrements that start whatever day they are signed and whatever day the tenant actually goes into posession. Sometimes, the first month is short a few days or weeks, so the landlord pro-rates the first month's rent (take rent, divide by 30 and charge by the number of days).

There is also a rule that states that adults are presumed to read and assent to contracts that they sign.

It may well be that your landlord if approached correctly will get over themselves and allow you to move on. One way to do this is to present your landlord with a new tenant - so the landlord does not have to go to the effort to re-rent.

On the other hand, a polite letter to the landlord explaining that you understood the agreement began the day you moved in (pretty logical understanding) might go a long ways towards explaining why you need out now.

Notices to end tenancies must be given before the 10th of the month to be effective at the end of the same month.

Hope this helps. Powell

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Answered on 3/27/06, 12:22 am


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