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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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¶40 Finally, the MHLTA also provides that landlords must renew leases upon their annual expiration unless one of the statutorily enumerated caúses for termination or nonrenewal is met. RCW 59.20.070(5), .080(1), .090(1). The MHLTA thus contemplates a presumptive lease term of one year (which is clearly enforceable under RCW 59.04.010) and adds a qualified statutory (not absolute contractual) right to renewal. It does not transform every MHLTA lease into a year-to-year agreement whose specific provisions must be renewed in perpetuity. In fact, a landlord acting in good faith has the right to modify the provisions of a lease *722upon renewal so long as the modifications are not retaliatory and otherwise comply with the MHLTA’s content and notice provisions. See RCW 59.20.020, .060, .070(5), .090(2); Seashore Villa Ass’n v. Hagglund Family Ltd. P’ship, 163 Wn. App. 531, 540-42, 260 P.3d 906 (2011); McGahuey v. Hwang, 104 Wn. App. 176, 182-83, 15 P.3d 672 (2001). There is nothing inconsistent about requiring a higher level of formality where a contract purports to abrogate this right.