Wash. Supreme Court published opinion — 901791.pdf

Citation: Wash. Supreme Court published opinion — 901791.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/901791.pdf ↗

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Western Plaza, LLC v. Tison, No. 90179-1

conclude that a lease under the MHLTA should be governed by the statute of frauds

in the MHLTA.

RCW 59.20.060 requires that a lease be in writing and be signed by the parties.

It provides in relevant part:

(1) Any mobile home space tenancy regardless of the term, shall be
based upon a written rental agreement, signed by the parties, which shall
contain:

(a) The terms for the payment of rent, including time and place, and
any additional charges to be paid by the tenant. Additional charges that
occur less frequently than monthly shall be itemized in a billing to the
tenant;

(j) A written description, picture, plan, or map of the boundaries of a
mobile home space sufficient to inform the tenant of the exact location of
the tenant's space in relation to other tenants' spaces.

RCW 59.20.060 is clearly a statute of frauds because it includes the same formal

elements required by the common law statute of frauds. Compare RCW 59.20.060,

with RESTATEMENT (SECOND) OF PROPERTY § 2.2 (1977). Neither this statute nor

chapter 59.20 RCW mentions the necessity of an acknowledgement, and we have

never interpreted the MHLTA to require acknowledgement.

RCW 59.04.010 is the general tenancies statute of frauds (chapter 59.04 RCW

is titled "Tenancies" (formatting omitted)). RCW 59.04.010 refers expressly to

tenancies and leases; it is a special statute of frauds that creates an exception to, and

takes the place of, the general real estate statute of frauds, RCW 64.04.010, 8 for