Legal Question in Landlord & Tenant Law in Washington
Subject
My question pertains to Apt. Lease Laws. Can a person be on two different leases on in two different apt. complexis.
Second is a notarized agreement between three people considered a legally binding agreement? (for instance three people draw up a contract stating one will pay a certain amount a month to the other two people and the other two parties will let this person off their apt. lease. But if the one who is supposed to pay defaults on paying, they could then be taken to small claims court. Would this be correct?)
2 Answers from Attorneys
Re: Subject
The answer to your first question is yes.
Second question, yes, but not because it is notarized, but because it is signed. The law will generally allow people to write their own contracts and will enforce those contracts - usually. If the contract is to engage in unlawful conduct, or if the contract contains "adhesive" terms, then a court might not elect to enforce it. Otherwise, they court will likely enforce it. But the fact that it is notarized is truly irrelevant.
Re: Subject
To answer your first question: yes. One person can most certainly obligate him or her self to multiple leases.
As to your second question, a contract signed by three parties may or may not be enforceable, depending upon the terms of the contract. If the contract is enforceable, you can sue in small claims court for breach of contract. One thing to consider is if the contract is for an assignment of the lease, or for a subtenant, the original lease may require permission of the landlord for the contract to be enforceable.
Feel free to call or email me if you'd like some help in determining whether your contract is enforceable.
Michelle Farris
206-522-4638