My question involves real estate located in the State of: WA
My situation is complex, so I will tackle one single piece of it.
A lease on use of a workshop building was created in a home-made fashion 4 1/2 years ago, and signed and notarized by both the lessor (a family trust that owns the land and the building) and the lessee, "R".
No boilerplate language was used. The lease was simply written from scratch by the trustee of the family trust. It states that R will pay the trust $1 per year for the lease, and it spells out usage rights for both the lessee and the trustee. Some sharing of shop space and tools (almost all of which belong to R) is written into the lease.
The lease spells out "rights" and "agreements" for each person. Under "agreements," R agrees to maintain the generator that powers the shop. He has not done this for about the last 3 years. This rendered a kiln belonging to the trustee unusable. (R has used the shop only for storage since then.)
However, the lease also states that "It will last from the date of signing until R's death, except that R can terminate it at any time, for any reason."
There is no real property transfer here, no deed, no formal life estate, etc. No paperwork except this notarized homemade agreement. The trustee has always paid all property taxes on the entire property including the workshop.
My question: Can R be given notice of lease termination on account of his failure to perform what he agreed to -- namely, for not maintaining the generator? Or does the fact that the lease references a lifetime duration make it impossible to terminate his tenancy for cause?
My situation is complex, so I will tackle one single piece of it.
A lease on use of a workshop building was created in a home-made fashion 4 1/2 years ago, and signed and notarized by both the lessor (a family trust that owns the land and the building) and the lessee, "R".
No boilerplate language was used. The lease was simply written from scratch by the trustee of the family trust. It states that R will pay the trust $1 per year for the lease, and it spells out usage rights for both the lessee and the trustee. Some sharing of shop space and tools (almost all of which belong to R) is written into the lease.
The lease spells out "rights" and "agreements" for each person. Under "agreements," R agrees to maintain the generator that powers the shop. He has not done this for about the last 3 years. This rendered a kiln belonging to the trustee unusable. (R has used the shop only for storage since then.)
However, the lease also states that "It will last from the date of signing until R's death, except that R can terminate it at any time, for any reason."
There is no real property transfer here, no deed, no formal life estate, etc. No paperwork except this notarized homemade agreement. The trustee has always paid all property taxes on the entire property including the workshop.
My question: Can R be given notice of lease termination on account of his failure to perform what he agreed to -- namely, for not maintaining the generator? Or does the fact that the lease references a lifetime duration make it impossible to terminate his tenancy for cause?
Life Estates: Is a Lifetime Lease the Same As a Life Estate
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