- 14 - agree with respondent that the parol evidence rule prevents petitioners from using the testimony to expand the scope of the written leases. We nevertheless conclude that the disputed testimony is admissible on the question of the existence of a separate oral lease, and we overrule respondent’s objection. B. The Alleged Oral Lease To overcome the fact that the written leases did not encompass the Dobbe residence, petitioners contended at trial that there was also an oral lease by which Mr. and Mrs. Dobbe leased their residence to Holland America during 1993 and prior years. The only proof in support of petitioners’ contention, however, was the testimony of Mr. and Mrs. Dobbe and their accountant that Mr. and Mrs. Dobbe intended to lease the residence to Holland America. Petitioners conceded at trial that no additional rent was paid by Holland America for the residence and offered no testimony whatsoever regarding the other terms and conditions normally included in a valid and enforceable lease. Under Washington State law, a valid lease must identify the property leased, the parties to the lease, and the terms and conditions of the lease, including the rent or other consideration paid or to be paid for the leasehold interest. See Emrich v. Connell, 716 P.2d 863, 867 (Wash. 1986). Moreover, Washington State’s statute of frauds requires that an agreement to lease for more than 1 year be in writing. See Family Med.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011