Washington State Removes Acknowledgment Requirement For Real Estate Leases – Landlord & Tenant – Leases

Leases of real estate will no longer require acknowledgment,
witness, or seals, regardless of the term or period of the
lease.

On March 13, 2024, Governor Jay Inslee signed into law
Substitute Senate Bill 5840 (SSB 5840), which amends the state
statutes governing the acknowledgment of leases of real estate. The
bill, which was unanimously passed by both chambers of the
legislature, aims to eliminate the confusion and inconsistency that
resulted from previous laws that required different forms of
acknowledgment for leases of different durations and for recording
purposes.

Previously, leases of real estate lasting longer than one year
had to be acknowledged. Under the new law, which takes effect on
June 6, 2024, leases of real estate do not require acknowledgment,
witness, or seals, regardless of the term or period of the lease.
However, to avoid any potential conflict with local recording
requirements, a lease and a memorandum of lease must still have all
signatures acknowledged if it is to be recorded. Parties to a lease
can now execute and enforce a lease without any acknowledgements,
but they must comply with the standard acknowledgment requirements
if they want to record the lease and provide notice to third
parties of their interest in the property.

The new law also clarifies that such changes do not conflict
with or supersede the Residential Landlord-Tenant Act, which allows
oral rental agreements for terms of less than one year. Therefore,
landlords and tenants of residential property can still enter into
valid oral leases for short-term rentals.

SSB 5840 is a welcome reform that simplifies the legal
formalities for leasing real estate in Washington state and
provides more flexibility and certainty for parties to lease
transactions. Landlords and tenants should be aware of the new law
and its implications for their lease agreements and recording
practices.

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