For years, Washington was in the minority of states requiring commercial leases with a duration of longer than one year to be acknowledged by a notary public. But with the recent passage of SB 5840, which updates RCW 59.04.010 and RCW 64.04.010, our fair state will join the mainstream and no longer require acknowledgment, witnesses, or seals for leases of any duration.
The new law takes effect on June 6, 2024. Until that date, landlords and tenants entering into new long-term leases in Washington state should continue to have lease agreements acknowledged by a notary public.
This new legislation does not change notary or other lease requirements under the Residential-Landlord Tenant Act. It appears that residential leases longer than a year still need to be notarized. In addition, notary acknowledgement is still required for recordable documents, such as a memorandum of lease or if you want to record the lease itself.
If you have any questions about the impacts of this new legislation or anything else related to commercial leasing, please contact please contact Matt Markovich, Emily Fenster, Robert Garcia, Jesse Johnson, or any other member of the HCMP real estate team.