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I moved into a property in the snohomish county area, land…

Customer Question
Hi there, I moved...

Hi there, I moved into a property in the snohomish county area, land lord printed out a generic contract and we both signed it, but his contract has in the writing that contract "Governing Law: This Lease shall be governed by and construed in accordance with the laws of the State of New York" the question is, is this contract valid for my lease and residency of the property in Washington?

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 any paperwork been filed?

For?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No paper work has been filed with a lawyer

Submitted: 10 months ago.Category: Real Estate Law
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Customer reply replied 10 months ago
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Real Estate Lawyer: Barrister, Lawyer replied 10 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,064
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

the question is, is this contract valid for my lease and residency of the property in Washington?

.

Yes, this is called a "choice of forum" clause and it is entirely enforceable. What it means is that in the event of some dispute that led to a lawsuit, the case would be heard in Washington court, but the judge would apply NY law to the case when making a decision about it.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 10 months ago
the problem that I am running into is the lease states that i have to give my 30 day notice on the first of the month, and if i do not i will have to wait till the end of that month to give my notice. Per Washington law on month to month lease, i only have to give 20 days. Which will I am giving my notice today, and he wants me to pay for the property through the end of November.
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago

Yes, that does present a problem. If the lease has expired, then you could argue that since it has expired, the tenancy has converted to a month to month under WA law and therefore it is now subject to WA law as opposed to NY law which controlled while the fixed term lease was in effect..

.

So I would give notice today and then plan on moving out the end of the month and if he wanted to try to pursue things in court, you make your argument then that NY law controlled while the fixed term lease was in effect only..

.

.

thanks

Barrister

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Customer reply replied 10 months ago
If its a month to month lease wouldn't the contract be only good for the first month? Then anything after would be under the states, default. The lease does not have an expiration date, only a start date.
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago

That would be my argument.. but if the lease was initially set up as a month to month, instead of a fixed term lease, then that complicates things because an initial month to month renews under the same terms as the original month to month lease.. So you can still argue that it only requires the 30 day notice the first month, but it is a harder argument to make to convince a judge..

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Real Estate Lawyer: Barrister, Lawyer replied 10 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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