Full question:
If I rented to a couple and I never signed the lease and only one who did is on the run from the police. The girlfriend and kid were left behind and has lots of family in the area. My question is since I never signed and returned a copy is this a binding contract, is she just trespassing and can I kick her out?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Washington
Answer:
Acceptance of an offer is the expression of assent to its terms. Acceptance must generally be made in the manner specified by the offer. If no manner of acceptance is specified by the offer, then acceptance may be made in a manner that is reasonable under the circumstances. An acceptance is only valid, however, if the offeree knows of the offer, the offeree manifests an intention to accept, and the acceptance is expressed as an unequivocal and unconditional agreement to the terms of the offer.
Many offers specify the method of acceptance, whether it be oral or written, by phone or in person, by handshake or by ceremony. Other offers leave open the method of acceptance, allowing the offeree to accept in a reasonable manner. Most consumer transactions fall into this category, as when a shopper "accepts" a merchant's offer by taking possession of a particular good and paying for it at the cash register. But what constitutes a "reasonable" acceptance will vary according to the contract.
The answer will be a matter of determination for the court, based on the facts and documents involved. Washington statutes don't require the landlord to deliver a copy of the lease. If the lease states how acceptance is to be made, such as that it must be signed by the landlord and a copy delivered to the tenant, the lease terms will govern. If the lease doesn't specify how acceptance is to be made, typically the courts will find that even if the landlord doesn’t sign the rental agreement, acceptance of rent gives the rental agreement the same effect as if it had been signed. Even if the writen lease is invalid, a person who rents without a written lease is ususally considered a tenant-at-will and must be given written notice before the lease may be terminated. In Washington, the tenant must be given 20 days' notice before the lease may be terminated.
The following is a portion of a WA statute:
Sec. 4 RCW 59.18.200 and 2003 c 7 s 1 are each amended to read as
follows:
(1)(a) When premises are rented for an indefinite time, with monthly or
other periodic rent reserved, such tenancy shall be construed to be a
tenancy from month to month, or from period to period on which rent is
payable, and shall be terminated by written notice of twenty days or
more, preceding the end of any of the months or periods of tenancy, given
by either party to the other.
(b) Any tenant who is a member of the armed forces, including the
national guard and armed forces reserves, or that tenant's spouse or
dependant, may terminate a rental agreement with less than twenty days'
notice if the tenant receives reassignment or deployment orders that do
not allow a twenty-day notice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
