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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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¶29 Indeed, Western Plaza’s approach frustrates the legislature’s intent to protect tenants in long-term rental agreements by eviscerating the protections of the MHLTA. Such resolution would create uncertainty for mobile home tenants in Washington whose leases are similar to Tison’s lease. Tison’s lease is a standard form lease bearing the legend “prepared for use of paid members of MHCW [(the Manufactured Housing Communities of Washington)] by legal counsel - 1997.” Clerk’s Papers (CP) at 31-32 (formatting omitted). This standard form prepared by industry counsel includes signature blocks for landlord and tenant but not for acknowledgement. Id. Assuming that other landlords used this form or a similar one, Western Plaza’s position would enable those landlords to assert the statute of frauds as a defense and invalidate the lease to the detriment of tenants. We cannot reconcile this reading with the purpose of the MHLTA.