Stevenson v. Parker

608 P.2d 1263, 25 Wash. App. 639
CourtCourt of Appeals of Washington
DecidedApril 28, 1980
Docket3278-7-III
StatusPublished
Cited by15 cases

This text of 608 P.2d 1263 (Stevenson v. Parker) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevenson v. Parker, 608 P.2d 1263, 25 Wash. App. 639 (Wash. Ct. App. 1980).

Opinion

McInturff, J.

In an action for unlawful detainer, the tenant, Mrs. Parker (now Corbray), appeals from a judgment in favor of the landlord, A. W. Stevenson. Counsel for A. W. Stevenson on this appeal did not represent him on the trial court level.

In the spring of 1974, the appellant, Mrs. Corbray, entered into an agreement to lease a home owned by the respondent, Dr. Stevenson. The term of the lease was for a period of 1 year beginning May 8, 1974, and ending May 7, 1975, and continuing from year to year. After 5 years, the lease gave Mrs. Corbray an option to purchase the property. 1

*641 Although the lease did not specify the amount of monthly rent, the parties agreed the sum of $101, equivalent to the monthly mortgage payment, was payable on the 8th day of each month. In addition, the lease obligated Mrs. Corbray to pay the real estate taxes and irrigation assessments. Although the original was not available at trial, both parties admit signing the lease and a copy was before this court.

Due to the seasonal nature of her employment and fluctuations in her income, Mrs. Corbray maintained an irregular payment schedule. Nevertheless, Dr. Stevenson and his business manager, who were aware of the situation, accepted all such payments by the tenant over a period of 4 years. Mrs. Corbray, believing she would one day exercise the option to purchase, made various improvements to the house following execution of the lease.

On June 28, 1978, Mrs. Corbray was served with a notice 2 of termination of the lease for alleged deficiencies in the payment of rent, taxes and irrigation assessments. Mrs. Corbray's offer to pay the claimed arrearages was refused. Dr. Stevenson then brought this action for unlawful detainer.

The trial court declared the parties' written lease void under the statute of frauds for lack of an acknowledgment. *642 The resulting month-to-month tenancy was held to have been properly terminated by the written notice. Judgment was entered restoring possession of the house to Dr. Stevenson, together with $1,447.41 in damages and $800 for attorney's fees.

On appeal, Mrs. Corbray argues enforcement of the parties' written lease should not be denied for lack of an acknowledgment. She first contends an acknowledgment is not required because the lease establishes a tenancy for five consecutive 1-year periods. We disagree.

The third and fourth paragraphs of the lease provided:

The term of this lease shall be for a period of one (1) year, beginning on May 8, 1974 and ending at midnight on May 7, 1975 and continuing from year-to-year until one of the parties shall give the other thirty days' notice in writing of his or her intention to terminate the lease for default in the payment of rent or any other of the terms and conditions of this lease.
Rent shall be paid in monthly installments in advance on the 8th day of each and every month commencing May 8, 1974 and a like sum on or before the 8th day of each and every month during the period hereof.

Under RCW 64.04.010 and .020, a lease for over 1 year must be in deed form, i.e., written, signed by the landlord, and acknowledged. 3

Tenancies from year to year have been abolished except when they are created by express written contract and acknowledged. RCW 59.04.010 and RCW 59.18.210. 4 Upon *643 examination of the lease in question, it is apparent the parties contemplated a tenancy from year to year.

In general an unacknowledged lease for a term exceeding 1 year, with monthly rental reserved, is effective only as an oral lease, and results in a tenancy from month to month. Haggen v. Burns, 48 Wn.2d 611, 295 P.2d 725 (1956); Labor Hall Ass'n, Inc. v. Danielsen, 24 Wn.2d 75, 93, 163 P.2d 167, 161 A.L.R. 1079 (1945); Garbrick v. Franz, 13 Wn.2d 427, 430, 125 P.2d 295 (1942). But, this rule is not an absolute, especially when there Eire equities sustaining the lease or estopping a denial of its validity. Miller v. McCamish, 78 Wn.2d 821, 825, 479 P.2d 919 (1971); Richardson v. Taylor Land & Livestock Co., 25 Wn.2d 518, 527, 171 P.2d 703 (1946).

Obviously the purpose of the statute of frauds is to prevent a fraud, not to perpetuate one, and in this regard the courts of this state are empowered to disregard the statute when necessary to prevent a gross fraud from being practiced. Granquist v. McKean, 29 Wn.2d 440, 187 P.2d 623 (1947). The legislative intent in enacting the statute was to prevent fraud resulting from the uncertainty inherent in oral contracts of this nature. Miller v. McCamish, 78 Wn.2d 821, 479 P.2d 919 (1971).

Powers v. Hastings, 20 Wn. App. 837, 842, 582 P.2d 897 (1978).

Here, we have an express, but unacknowledged, written lease. The parties do not dispute its basic terms. Absent then are the evils — the potential for fraud and the uncertainty inherent in oral agreements — which necessitated the statute of frauds.

The equitable doctrine of part performance has evolved in mitigation of the harsh results of a too-strict application of the statute of frauds. This doctrine prevents *644 a party from asserting the invalidity of a contract where the other party has acted in conformity with the contract and thus placed himself in a position where it would be intolerable in equity to deny its enforcement. Miller v. McCamish, supra at 827; Garbrick v. Franz, supra at 430, and cases cited.

The principle elements or circumstances involved in determining whether there has been sufficient part performance to unequivocally point to the contract are (1) delivery and assumption of actual and exclusive possession of the land, (2) payment or tender of the consideration, whether in money or property or services, and (3) the making of permanent, substantial and valuable improvements, referable to the contract.

Powers v. Hastings, supra at 847.

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Cite This Page — Counsel Stack

Bluebook (online)
608 P.2d 1263, 25 Wash. App. 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevenson-v-parker-washctapp-1980.