Wash. Supreme Court published opinion — 901791.pdf

59.04.020. In contrast, the default lease under the MHLTA is a tenancy from year to

year. RCW 59.20.090(1 ). In the absence of a written agreement, an unwritten term is

deemed to be for one year and is automatically renewed, at the option of the tenant,

for one year on the anniversary of the tenancy. Gillette v. Zakarison, 68 Wn. App. 838,

842, 846 P.2d 574 (1993) (citing RCW 59.20.090(1)). 10

Any other reading ignores both the differences in the statutory provisions of

Title 59 RCW and the legislature's decision to include an MHLTA-specific statute of

frauds in chapter 59.20 RCW. Chapter 59.18 RCW is the Residential Landlord Tenant

Act of 1973; RCW 59.18.210 continues to provide the formal requirements for

10 We reject Western Plaza's attempts to harmonize the statutes. Western Plaza asserts that

the writing expressly required in all leases by RCW 59.20.060(1) does not establish an
irreconcilable conflict with RCW 64.04.01 O's requirement for greater formality in longer term
leases. However, RCW 64.04.010 requires the same formality for every conveyance
regardless of length; these formalities include writing and acknowledgement. RCW
64.01.01 0, .020. Additionally, even RCW 59.04.010 explicitly requires a writing for every
lease; leases governed by that statute that last for over one year also require
acknowledgement. The requirement of a writing always exists; Western Plaza's reading
would render RCW 59.20.060(1) superfluous.

10
             
Western Plaza, LLC v. Tison, No. 90179-'1

residential leases. Similarly, RCW 59.04.010 governs leases generally. This statute

continues to apply to commercial leases and other leases not specifically covered by