year then the landlord may increase rent during the term of the lease as long as the increase does
not occur more than once annually and the landlord provides three months’ notice of the increase.
TST asserts that former RCW 59.20.060(2)(c) only prohibits interim rent increases during rental
agreements that are less than one year. We disagree.
Former RCW 59.20.090(2) is a limitation on rent increases, while former RCW
59.20.060(2)(c) “sets out the required and prohibited provisions in MHLTA leases.” Western
Plaza, LLC, 184 Wn.2d at 708 (emphasis added). As noted above, former RCW 59.20.090(2)
allows a landlord to increase the rent at the expiration of the lease with three months’ notice.
McGahuey, 104 Wn. App. at 182. On the other hand, the plain language in former RCW
59.20.060(2) prohibits any provisions in a lease agreement that allow for the increase of rent during
the term of the rental agreement if the term of the agreement is less than one year, or more
frequently than annually if the term is for one year or more. Further, former RCW 59.20.060(2)(c)
requires that any provision in a rental agreement permitting an increase in rent during the term of
the rental agreement set forth the increases in specified amounts or by a specified formula.
Thus, reading the statutes together, a provision in a rental agreement can allow for a rent
increase on a date other than the expiration date if the rental agreement term is for one year or
more and the increase is set forth as a specified amount or specified formula. And the rental
increase may not occur more frequently than annually. If the lease agreement does not include a
provision addressing rent increases and the landlord increases the rent, the increase must occur