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I live in State. I have prepaid 10 months rent in advance to…

Customer Question
I live in Washington...

I live in Washington State. I have prepaid 10 months rent in advance to the landlord. I was month to month before this payment. Do I now have in effect a ten month lease?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Washington State

Lawyer's Assistant: Has anything been filed or reported?

The landlord cashed my check and it has cleared my bank.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 18 minutes by:
10/1/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 31,942
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

Good morning. Is anything in writing? Why did you agree to this?

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Customer reply replied 8 months ago
Nothing in writing except the memo line of the check indicates that it is for rent payment. I was current on rent so none would or could be used for past rent. The reason I did so was to keep the place secured as mine while saving to purchase my own place. The rent is a great deal.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

Thank you for the reply. Please allow me a moment

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

In a situation like this, you could argue that you have a ten month lease I say this because if the rent was paid in advance and accepted, the landlord could not just ask you to vacate and terminate the lease with the proper notice, as they could with someone who rents and pays month to month. For the tenant to end, there would need to be a violation or breach of the lease agreement, so absent that happened, you would be locked in for ten months. The landlord could not just return a portion of the money and ask that you vacate, unless you agree,

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Customer reply replied 8 months ago
That was my understanding as well. Can you share with me the statute that you used to arrive at your opinion?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

It is the implied conduct and actions of the parties. Not a specific statute. I say this because there was an agreement and the intent of the parties, to have you occupy the rental for 10 months. After all, if a landlord nor tenant wanted that, they would not simply pay in advance, absent a written agreement, which laid out terms and conditions, that would allow one to break the tenant. You can argue that this was an IMPLIED CONTRACT between the parties.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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