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
Original Source: https://www.courtlistener.com/opinion/4910140/western-plaza-llc-v-tison/ ↗

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¶20 There are other irreconcilable differences between the two statutory schemes. As mentioned earlier, RCW 59.04.010, titled “Tenancies from year to year abolished except under written contract,” abolishes tenancies from year to year except when those tenancies are in writing and acknowledged. (Boldface omitted.) In the absence of a written agreement, tenancies under chapter 59.04 RCW result in a month-to-month tenancy, terminable at the will of either party upon proper notice. RCW 59.04.020. In contrast, the default lease under the MHLTA is a tenancy from year to year. RCW 59.20.090(1). In the absence of a written agreement, an unwritten term is deemed to be for one year and is automatically renewed, at the option of the tenant, for one year on the anniversary of the tenancy. Gillette v. Zakarison, 68 Wn. App. 838, 842, 846 P.2d 574 (1993) (citing RCW 59.20.090(D).10

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