Little Mountain Estates Tenants Ass'n v. Little Mountain Estates MHC, LLC, 146 Wash. App. 546 (2008)

Citation: Little Mountain Estates Tenants Ass'n v. Little Mountain Estates MHC, LLC, 146 Wash. App. 546 (2008)
Parent Document: Little Mountain Estates Tenants Ass'n v. Little Mountain Estates MHC, LLC, 146 Wash. App. 546 (2008)
Jurisdiction: Washington (state)
Effective Date: 2008-07-21
Original Source: https://www.courtlistener.com/opinion/4945301/little-mountain-estates-tenants... ↗

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Schindler, C.J.
¶1 The Manufactured/Mobile Home Landlord-Tenant Act (MHLTA), chapter 59.20 RCW, governs the legal rights and obligations between mobile home park landlords and tenants. Under the MHLTA, a tenant has the right to assign a rental agreement. A rental agreement cannot contain any provision that waives a tenant’s rights under the MHLTA, and if a provision in the rental agreement conflicts with the MHLTA, it is unenforceable. The “Little Mountain Estates 25 Year Lease Agreement” contains a rent adjustment formula tied to the Consumer Price Index (CPI) and a provision stating that when a tenant assigns a lease to a new owner, the remainder of the tenant’s 25-year term is automatically converted to a one-year or a two-year term. We reject the tenants’ argument that the court erred in enforcing the rent adjustment *551formula in the lease agreement. However, because the tenants had the right to assign their leases under the MHLTA and could not waive that right in the lease agreement, we reverse the trial court’s determination that as a matter of law the conversion clause in the 25-year lease agreement did not violate the MHLTA. We also remand to address the tenants’ Consumer Protection Act (CPA), chapter 19.86 RCW, claim. FACTS

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