Wash. Supreme Court published opinion — 901791.pdf

8 RCW 64.04.01 0, the real estate statute of frauds, is a general statutory provision. RCW
64.04.010 provides that "[e]very conveyance of real estate, or any interest therein, and every

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

tenancies. Danielsen, 24 Wn.2d at 87 (concluding that legislature must have intended

to modify the deed requirements of RCW 64.04.010 when it enacted RCW 59.04.01 0).

It provides:

Tenancies from year to year[ 9l are hereby abolished except when the
same are created by express written contract. Leases may be in writing
or print, or partly in writing and partly in print, and shall be legal and valid
for any term or period not exceeding one year, without·acknowledgment,
witnesses or seals.

RCW 59.04.010 requires a lease to be in writing; leases over one year are legal

if they are in writing and acknowledged. As discussed below, the MHLTA presumes

that a lease is for one year and that any lease automatically renews. See RCW

59.20.090(1 ). Uncler Washington law, any automatic lease renewal must be added to

the term of the lease for determining compliance with the statute of frauds. Danielsen,

24 Wn.2d at 85. Thus, if RCW 59.04.010 applied to MHLTA leases, the presumption

would be that every manufactured home lot lease would need to be acknowledged.

Tison's lease satisfies the requirements of only the MHLTA statute of frauds.

B. Structure, Language, and Purposes of the MHLTA

1. Plain language of the statute

The plain language of chapter 59.20 RCW, supported by the structure of Title

59 RCW, the context in which the statute appears, and the purpose of the MHLTA all

support our conclusion that the MHLTA statute of frauds is the only statute of frauds