Arthur Skinner, Res/cross-app V. Incity Properties Holdings Inc, App/cross-res
86151-4
Wash. Ct. App.Jun 16, 2025Background
- Arthur Skinner III entered into a residential lease with InCity Properties Holdings, Inc. and Columbia Business Partners Business Park, LLC (the "landlords").
- Skinner was arrested at his apartment, spent 10 days in jail, and the charges were later dismissed.
- While Skinner was jailed, the landlords served a notice to vacate and, after his release, locked him out of his unit and removed his belongings, actions ruled to be unlawful self-help eviction.
- The landlords argued Skinner had abandoned the premises and re-let the unit to a new tenant months after Skinner filed suit.
- The trial court found the landlords guilty of forcible entry and forcible detainer, ordered Skinner's possession be restored, awarded attorney fees, but denied his claim for damages based on lost use while displaced.
- The landlords appealed multiple orders; Skinner cross-appealed the denial of damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Joinder of New Tenant (CR 19) | Richardson (new tenant) not required to be joined | Dismiss required for failure to join new tenant | Richardson not a necessary party; relief can be afforded without joining him |
| Forcible Entry and Detainer | Landlords committed unlawful self-help eviction | Entry was lawful, Skinner abandoned, or not in actual possession | Landlords guilty of forcible entry/detainer; evidence showed Skinner did not abandon and retained intent |
| Award of Prospective/Future Relief | Entitled to possession or alternative unit | Statute limits relief to described property only | Only restoration of original unit is allowed; alternative unit/prospective damages vacated |
| Attorney Fees & Damages | Seeks fees and lost use damages | No proper notice for fees; no damages owed if tenant in arrears | Fees awarded per statute; no damages for lost use as Skinner relieved of obligation to pay rent |
Key Cases Cited
- Excelsior Mortg. Equity Fund II, LLC v. Schroeder, 171 Wn. App. 333 (scope of court authority to enforce possessory judgments in detainer actions)
- Columbia State Bank v. Invicta Law Grp. PLLC, 199 Wn. App. 306 (standards for appellate review of bench trials)
- Gray v. Pierce County Hous. Auth., 123 Wn. App. 744 (ban on self-help evictions in Washington)
- Watkins v. ESA Management, LLC, 30 Wn. App. 2d 916 (criteria for abandonment and retaining possession through personal property)