Wash. Supreme Court published opinion — 901791.pdf

consistent with this opinion, including an award of costs and attorney fees to Tison.

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

WE CONCUR.

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Western Plaza, LLC v. Tison, No. 90179-1
Yu, J. (dissenting)

No. 90179-1
YU, J. (dissenting)-! agree with the majority that a rent cap provision is not

prohibited by the Manufactured/Mobile Home Landlord-Tenant Act (MHL TA),

chapter 59.20 RCW. I also agree that the MHLTA allows a landlord to increase

rent with proper notice and procedures. However, I depart from the majority in its

disregard of the statute of frauds for the purpose of reaching a particular result in

this case. Nothing in the MHLTA creates or implies an exemption from the statute

of frauds, which applies to leases of real property. Because Norma Tison's lease

does not comply with the statute of frauds, its specific provisions are subject to

modification upon the lease's annual renewal and the rent cap in this case was not

an enforceable provision that carried forward in perpetuity. I respectfully dissent.

ANALYSIS

Under RCW 59.04.010, leases "shall be legal and valid for any term or

period not exceeding one year, without acknowledgment, witnesses or seals."

Conversely, to be enforceable for a period greater than one year, a lease must be
             
Western Plaza, LLC v. Tison, No. 90179-1
Yu, J. (dissenting)

acknowledged. 1 Labor Hall Ass 'n v. Danielsen, 24 Wn.2d 75, 88-89, 163 P .2d 167

(1945); Stevenson v. Parker, 25 Wn. App. 639, 642, 608 P.2d 1263 (1980);