Landlord Tenant Series Q&A: When Must a Lease Be Notarized in Washington State?

Updated October 24, 2019

If you’re a landlord, it’s important to know when you need to have your contracts notarized. Luckily, Washington state doesn’t require notarized documents for most rentals.

1. Does a rental agreement need to be notarized?

Not usually. Washington State Law recognizes both residential and non-residential leases that are under a year. This helps make year-long leases more accessible to renters and loosens restrictions on landlords who are open to shorter-term leases. This is covered in Washington State Law under RCW 59.18.210, RCW 59.18.010.

2. Does a rental agreement for a period of more than one year need to be notarized/When does a rental agreement need to be notarized?

Yes. To be valid for the entire period of the lease, if a lease is for a term of more than one year, it must be notarized. If the lease is over a year and not notarized, it will be legally recognized as month-to-month. This doesn’t make the lease void, it simply questions the validity of the lease term. This is covered in Washington State Law under RCW 59.18.210, RCW 59.18.010.

3. Does a rental agreement need to be recorded/When does a rental agreement need to be recorded?

No. Verbal agreements are only considered valid for month-to-month rentals. However, under Washington State law, any residential or commercial lease exceeding two years is considered a transfer of an interest in real property. To be valid, these leases exceeding two years must be recorded in the office of the county recorder for the county where the property is located. This is covered in Washington State Law under RCW 65.08.060. 

Dimension Law Group has experienced attorneys that know the nuances of landlord/tenant and real estate law and are ready to help. If you are a landlord and you have further questions, please contact our office to schedule a phone consultation.

Disclaimer: Washington Landlord Tenant Laws have changed substantially over the last few years. This information may not be up to date. The information on this site is general information and not a substitute for legal advice. Please contact Dimension Law Group to schedule a consultation on the most up to date information.