Wash. Supreme Court published opinion — 901791.pdf

II. The MHLTA Does Not Prohibit the Rent Cap Provision

The MHLTA controls the legal rights, remedies, and obligations arising from a

rental agreement between a landlord and tenant regarding a mobile home lot. Western

Plaza argues that the MHLTA does not allow the rent cap provision in Tison's lease to

be enforced. We disagree because the MHLTA does not prohibit a properly executed

agreement that limits the frequency of such rent increases.

RCW 59.20.090(2) provides, "A landlord seeking to increase the rent upon

expiration of the term of a rental agreement of any duration shall notify the tenant in

writing three months prior to the effective date of any increase in rent." By its plain

language, RCW 59.20.090(2) does not give a landlord an immutable right to increase

rent; it is a "limitation" on rent increases. McGahuey v. Hwang, 104 Wn. App. 176,

182, '15 P.3d 672 (2001 ). The parties to an individual lease are free to set further limits.

Cf Little Mountain Estates Tenants Ass'n v. Little Mountain Estates MHC, LLC, 169

Wn.2d 265, 269 n.2, 236 P.3d 193 (201 0). Furthermore, RCW 59.20.060, which sets

out the required and prohibited provisions in MHLTA leases, specifically discusses rent

increases and does not prohibit rent cap limitations like the one in Tison's lease. See

RCW 59.20.060(2)(c). The Court of Appeals correctly determined that the MHLTA

does not prohibit the rent cap provision.

4
             
Western Plaza; LLC v. Tison, No. 90179-·1

Ill. The Rent Cap Provision Does Not Violate the Statute of Frauds

Washington's statute of frauds is purely statutory. Labor Hall Ass'n v. Danielsen,

24 Wn.2d 75, 87, 163 P.2d 167 (1945). This issue, therefore, is one of statutory