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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¶14 In addition to Little Mountain, Western Plaza cites McGahuey, 104 Wn. App. 176, and Seashore Villa Ass’n v. Hagglund Family Ltd. Partnership, 163 Wn. App. 531, 260 P.3d 906 (2011), review denied, 173 Wn.2d 1036 (2012). But Seashore Villa is distinguishable and does not help Western Plaza. There, the landlord sought to transfer the duty to *25care for permanent structures in the mobile home park to the tenants by agreement, but the MHLTA specifically prohibited the landlord from transferring the duty of care for those structures. Seashore Villa, 163 Wn. App. at 535-36, 542. So we held that the parties could not contract around a specific MHLTA provision and that the landlord violated the MHLTA by asking the tenants to do so. Seashore Villa, 163 Wn. App. at 542. But here, because the MHLTA does not specifically prohibit parties from agreeing to a rent increase limitation, Seashore Villa does not help Western Plaza’s argument and we cannot ignore the limitation that the parties explicitly agreed to.

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