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Wash. Court of Appeals published opinion — D2 53352-9-II Published Opinion.pdf

Citation
Wash. Court of Appeals published opinion — D2 53352-9-II Published Opinion.pdf
Jurisdiction
Washington (state)
Source
Official source

Full Text

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upon the date of lease expiration with three months’ notice. Former RCW 59.20.090(2). This

interpretation of the statutes is in accordance with one of the significant purposes of the MHLTA,

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 53352-9-II

which is “to give heightened protection to mobile home tenants” because it provides predictability

as to the timing of rent increases. McGahuey, 104 Wn. App. at 182.

The ALJ correctly interpreted former RCW 59.20.090(2). Therefore, TST has failed to

meet its burden to show that the ALJ erroneously interpreted the law, and we affirm the ALJ’s

order granting the Program’s motion for summary judgment.

D. ADDITIONAL ARGUMENTS

In addition to arguing that the ALJ erroneously interpreted the law regarding former RCW

59.20.090(2), TST appears to argue that summary judgment was improper because the rent

increases were valid under the existing or implied rental agreements with the parties. The terms

of Lane’s rental agreements do not permit the rent increases here. And TST’s arguments regarding

the implied lease agreements rely on their interpretation of former RCW 59.20.090(2), which we

have rejected. Therefore, TST’s additional arguments fail.

1. Rent Increases Under Lane’s Written Rental Agreement

TST argues that rent increases for Lane were valid because the increases were permitted

by the rental agreement and were no more frequent than annually; therefore, the Program was not

entitled to judgment as a matter of law and summary judgment was not proper. We disagree.

Absent disputed facts, the legal effect of a contract is a question of law we review de novo.

In re Estate of Petelle, 195 Wn.2d 661, 665, 462 P.3d 848 (2020). Our primary goal is to ascertain