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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Western Plaza, LLC v. Tison, 184 Wash. 2d 702 (2015)

Citation
Western Plaza, LLC v. Tison, 184 Wash. 2d 702 (2015)
Parent Document
Western Plaza, LLC v. Tison, 184 Wash. 2d 702 (2015)
Jurisdiction
Washington (state)
Effective Date
2015-11-25

Other Sections in This Document (78)

Full Text

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¶9 RCW 59.20.090(2) provides, “A landlord seeking to increase the rent upon expiration 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.” By its plain language, RCW 59.20.090(2) does not give a landlord an immutable right to increase rent; it is a “limitation” on rent increases. McGahuey v. Hwang, 104 Wn. App. 176, 182, 15 P.3d 672 (2001). The parties to an individual lease are free to set further limits. Cf. Little-Mountain Estates Tenants Ass’n v. Little Mountain Estates MHC, LLC, 169 Wn.2d 265, 269 n.2, 236 P.3d 193 (2010). Furthermore, RCW 59.20.060, which sets out the required and prohibited provisions in MHLTA leases, specifically discusses rent increases and does not prohibit rent cap limitations like the one in Tison’s lease. See RCW 59.20-.060(2)(c). The Court of Appeals correctly determined that the MHLTA does not prohibit the rent cap provision.