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.” Our Supreme Court has determined that “[b]y
its plain language, former RCW 59.20.090(2) does not give a landlord an immutable right to
increase rent; it is a ‘limitation’ on rent increases.” Western Plaza, LLC. V. Tison, 184 Wn.2d 702,
708, 364 P.3d 76 (2015) (quoting McGahuey v. Hwang, 104 Wn. App. 176, 182, 15 P.3d 672,
review denied, 144 Wn.2d 1004 (2001)). “[T]he only limitation on increases of any kind found in
the MHLTA is the requirement . . . that rental rates . . . be increased only upon lease expiration
and three months’ notice.” McGahuey, 104 Wn. App. at 182. Thus, under former RCW
59.20.090(2), a landlord seeking to increase the rent must do so only upon the expiration of the
lease.
2. Former RCW 59.20.060 (2012)
Former RCW 59.20.060(1) states that “[a]ny mobile home space tenancy regardless of the
term, shall be based upon a written rental agreement, signed by the parties” and shall contain
certain terms.5 Where a mobile home space does not have a written rental agreement, the
5
After this dispute arose, RCW 59.20.060(2) was amended in 2019, and now reads:
Any rental agreement executed between the landlord and tenant shall not contain
any provision:
...
6
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 53352-9-II
agreement is considered an “implied rental agreement” for a period of one year, renewed
automatically for one year. Gillette v. Zakarison, 68 Wn. App. 838, 842, 846 P.2d 574 (1993).
Further, a rental agreement exists where tenants live in a mobile park and provide rent to the