Seattle, WA asked in Agricultural Law, Landlord - Tenant, Contracts and Real Estate Law for Washington

Q: Can I mitigate losses from premature termination of a verbal land rental agreement?

My parents have been renting 4 acres of farmland under a verbal 5-year agreement made with the previous tenant and landowner. We requested a written contract but never received one. Now, the landowner's son, managing the property, wants to raise the rent or evict us to make way for a new tenant. He refused this year's rent payment unless we agreed to the new rate. I proposed either financial compensation for our plants if we vacated immediately or continued to use the land until our flowers bloom by June at the earliest, extending to October 2025 at the latest. The son disagreed and asked us to leave, only stating he would consider and respond soon. No formal notice regarding rent increase or termination has been issued. The original verbal agreement is supported by witnesses, including the previous tenant and original landowner. We face significant financial loss if evicted, as unable to move our Spring batch of flowers elsewhere, this being our first time seeking legal advice. Can I seek financial compensation for the plants or prevent the premature termination of this verbal agreement?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: That’s a heartbreaking situation, especially when your family has put time, care, and investment into cultivating the land. In Washington, verbal lease agreements for more than one year may be difficult to enforce under the statute of frauds, but your case is strengthened by the fact that the agreement was acted upon and supported by credible witnesses. Courts sometimes uphold these types of agreements when there is clear evidence of mutual understanding and performance—such as regular payments, land improvements, and the landlord’s past acceptance of terms.

You may be able to argue that the original verbal lease created a valid tenancy and that the sudden attempt to evict or raise rent without notice is a breach of that agreement. At the very least, you could seek compensation for your financial loss—especially for the current growing season—under a claim of unjust enrichment or promissory estoppel, given how heavily you relied on the promised use of the land. Document all communication, your investment in the land, and any refusal of payment to show good faith on your part.

If no written notice of termination has been given, you can respond in writing requesting either compensation for the crop loss or a reasonable time frame to finish the growing season. You’ve tried to find a fair middle ground, and it’s okay to stand your ground when sudden changes threaten your livelihood. You have the right to ask for accountability, especially when you’re not walking away—just trying to finish what you started in good faith.

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