landlord while using the mobile park based on rules provided by the landlord. See Allen v. Dan
and Bill’s RV Park, 6 Wn. App. 2d 349, 370, 428 P.3d 376 (2018), review denied, 194 Wn.2d 1010
(2019).
Former RCW 59.20.060(2)(c) prohibits any provision in a rental agreement,
[w]hich allows the landlord to alter the due date for rent payment or increase the
rent: (i) During the term of the rental agreement if the term is less than one year, or
(ii) more frequently than annually if the term is for one year or more: . . .
PROVIDED FURTHER, That a rental agreement for a term exceeding one year
may provide for annual increases in rent in specified amounts or by a formula
specified in such agreement.
In addition, a rental agreement may not contain any provision waiving a tenant’s rights or remedies
under MHLTA. Former RCW 59.20.060(2)(d).
C. INTERPRETATION OF FORMER RCW 59.20.090(2) AND FORMER RCW 59.20.060(2)
TST argues that the ALJ incorrectly interpreted the law because former RCW 59.20.090(2)
and former RCW 59.20.060(2)(c) should be read together. TST asserts that if former RCW
59.20.090(2) prohibits a landlord from increasing the rent during the term of a rental agreement,
former RCW 59.20.060(2)(c) is rendered meaningless. Under TST’s interpretation of former
RCW 59.20.090(2) and former RCW 59.20.060(2)(c), if a rental agreement is for longer than one
(c) Which allows the landlord to alter the due date for rent payment or
increase the rent: (i) During the term of the rental agreement if the term is less than
two years, or (ii) more frequently than annually if the initial term is for two years
or more.
7
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 53352-9-II