Skip to main content
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

892 chars
¶31 Finally, Western Plaza argues that the rent cap provision in Tison’s lease is not enforceable against Western Plaza because it does not touch and concern the land and so is personal to the former park owner. See 1515-1519 Lakeview Blvd. Condo. Ass’n v. Apt. Sales Corp., 146 Wn.2d 194, 202, 43 P.3d 1233 (2002). A provision that burdens land use in a way that limits the rights normally associated with ownership touches and concerns the land. Id. at 203-04. The MHLTA applies only to the lease of mobile home lots rather than leases of mobile homes themselves. RCW 59.20.040. Thus, MHLTA leases relate to land use. The rent cap provision in Tison’s lease clearly limits the rights normally associated with ownership of a mobile home park. See RCW 59.20.090(2). Tison’s rent cap provision does touch and concern the land; it is therefore enforceable against Western Plaza. V Attorney Fees