Wash. Supreme Court published opinion — 901791.pdf

rules governing
. other. tenancies,. such as the rental of mobile homes themselves. It

would be illogical to apply two different statutes of frauds with different requirements

to the same transaction, here a MHLTA rental agreement. Both statutes require a

writing, but only one, the general tenancy statute of frauds, requires

acknowledgement.

These statutes can be harmonized only by applying each statute to the specific

transactions they regulate. RCW 64.04.010 applies to the transfer of title and requires

that all conveyances of real estate be in writing and acknowledged, regardless of the

duration of the conveyance. RCW 59.04.010 applies to tenancies generally and

requires that leases over one year be in writing and acknowledged. RCW 59.20.060

applies specifically to mobile horne lots and provides that leases over one year are

valid if they are in writing; it does not require acknowledgement. It is otherwise

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

impossible to reconcile the statutes: a MHLTA lease lasting over a year is either

governed by RCW 59.04.010 and requires acknowledgement or it is governed by

RCW 59.20.060 and it does not.

There are other irreconcilable differences between the two statutory schemes.

As mentioned earlier, RCW 59.04.01 o; titled "Tenancies from year to year abolished

except under written contract," abolishes tenancies from year to year except when

those tenancies are in writing and acknowledged. (Boldface omitted.) In the absence

of a written agreement, tenancies under chapter 59.04 RCW result in a month-to-

month tenancy, terminable at the will of either party upon proper notice. RCW