Western Plaza, LLC v. Tison, 180 Wash. App. 17 (2014)

Citation: Western Plaza, LLC v. Tison, 180 Wash. App. 17 (2014)
Parent Document: Western Plaza, LLC v. Tison, 180 Wash. App. 17 (2014)
Jurisdiction: Washington (state)
Effective Date: 2014-01-28
Original Source: https://www.courtlistener.com/opinion/4954960/western-plaza-llc-v-tison/ ↗

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¶12 Because the MHLTA does not prohibit limits on future rent increases, such a limitation is enforceable. Little Mountain is helpful here. 169 Wn.2d 265. There, the owner of a manufactured home community intended for the el*24derly offered a 25-year lease to entice new residents, with rent increases tied to the consumer price index. Little Mountain, 169 Wn.2d at 267. The lease provided that the 25-year term was available for only the original tenant and that if the original tenant assigned its lease to another party, the assigned lease would be for one or two years. Little Mountain, 169 Wn.2d at 267. Later, tenants who assigned their leases claimed that the assignment provision violated the MHLTA. Little Mountain, 169 Wn.2d at 268. The Supreme Court disagreed and held that the assignment provision was enforceable because it did not violate the MHLTA; the court also explained that the MHLTA did not prohibit landlords and tenants from agreeing to rental terms that would be determined by a formula or be linked to a tenant’s future decision to assign the lease.4 Little Mountain, 169 Wn.2d at 268, 271.

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