Effective June 6, 2024, Washington state no longer requires that
commercial leases with a term of more than one year be notarized to
be effective. On March 13, 2024, Gov. Jay Inslee signed Substitute
Senate Bill (SSB) 5840 into law. SSB 5840, which unanimously passed
the Senate and House, amends both RCW 64.04.010 and 1929 c 33 s 1
to read, "Every conveyance of real estate, or any interest
therein, and every contract creating or evidencing any encumbrance
upon real estate, shall be by deed: PROVIDED, that (1) Leases do
not require acknowledgment, witness, or seals, but to be recorded,
a lease and a memorandum of lease must have the lessee's and
lessor's signatures acknowledged … ." Previously,
as noted in the Senate Bill Report, "A lease could be
perfectly valid, written, and agreed, but if the lease is not
acknowledged as required and if rent is paid monthly, it becomes a
month-to-month lease and terminable at a moment's
notice."
