92 Wash. 538 | Wash. | 1916
Action to recover rentals reserved under an unacknowledged lease. In September, 1911, appellant and
The first question to be determined is the character of the lease. Having in mind our statutes relative to contracts creating an interest in real estate, this court has uniformly held that an unacknowledged lease for a term exceeding one year is void, so far as the duration of the lease is concerned, and can be enforced only as a tenancy from month to month or from period to period in which rent is payable. National Laundry Co. v. Mayer, 79 Wash. 212, 140 Pac. 393. Under the holding, this lease, providing as it does for the payment of a monthly rental, could only be enforced as- a tenancy from month to month.
The lower court has found, and the evidence establishes the fact, that the assignment by respondents to Ahrens and Simmons was with the full knowledge and consent of Jamison. Having accepted Ahrens and Simmons as tenants under the lease and received the rent from them during their occu
These facts make it unnecessary to determine whether the notice served upon Mrs. Jamison was effective as a termination of the lease.
The judgment is affirmed.