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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¶17 Western Plaza argues that the limit on rent increases terminated after one year. We disagree. Although the Agreement’s term was for one year, under the MHLTA, the Agreement thereafter automatically renewed each year for another year, meaning that all its terms also automatically renewed unless the parties agreed to change the terms. RCW 59.20.090(1). Western Plaza asserts that at the end of each year it could modify the rent amount by giving Tison proper notice, relying on RCW 59.20.090 and McGahuey, 104 Wn. App. at 181-83. Although RCW 59.20-.090 allows rent increases, it does not control the result here where the landlord specifically agreed to limit the amount of future rent increases. Similarly, McGahuey is not helpful because it does not address whether an agreement to limit future rent increases is enforceable. We agree with Tison that Western Plaza may not ignore the rent increase limitation at the end of the first year.

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