Wash. Supreme Court published opinion — 901791.pdf

IN THE SUPREME COURT OF THE STATE OF WASHINGTON

WESTERN PLAZA, LLC, )
)
Petitioner, ) No. 90179-1
)
v. ) En Bane
)
NORMA TISON, )
) Filed NOV 2 5 2015
Respondent. )
)

WIGGINS, J.-This is an unlawful detainer action subject to the

Manufactured/Mobile Home Landlord-Tenant Act (MHLTA), chapter 59.20 RCW. At

issue is whether a provision in a mobile home lot lease that purports to limit the

landlord's ability to increase the rent when the lease renews conflicts with the MHLTA

and whether the lease violates the statute of frauds. We hold that the provision is

permissible under the MHLTA and that the writing and signatures on the lease satisfy

the statute of frauds applicable to rental agreements for mobile home lots. 1 We affirm

the Court of Appeals.

1 The MHLTA applies to both "manufactured homes" and "mobile homes," though it uses
slightly different definitions for each. Compare RCW 59.20.030(6), with RCW 59.20.030(8).
This opinion uses the term "mobile home" for convenience.
             
Western Plaza, LLC v. Tison, No. 90179-1

FACTS 2

Norma Tison entered into a lease for a mobile home lot in October 2001. The

lease was executed on a preprinted form prepared by Manufactured Housing

Communities of Washington. It was a one-year lease with several handwritten

provisions that Tison specifically negotiated. Relevant to this case, the lease called

for a monthly rent of $345 and contained a negotiated provision (hereafter rent cap

provision) that stated, "Every other year, rent will be raised no more than $10.00 for

remaining tenancy."

Petitioner Western Plaza LLC purchased the mobile home park in February

2008. At that time, Tison's monthly rent was $375. 3 In March 2009, Western Plaza