Robin Hood Village MHC, LLC, V. Austin Jansen
53966-7
| Wash. Ct. App. | Jul 20, 2021Background
- Tyler Jansen signed a written rental agreement for a lot at Robin Hood Village MHC, LLC; the agreement prohibited additional occupants without authorization.
- Appellant Austin Jansen and his mother moved into Tyler’s recreational vehicle; neither was added as an authorized occupant.
- Tyler became delinquent in rent; Robin Hood served Tyler a five-day pay-or-vacate notice and served Austin a three-day notice to quit; neither vacated.
- Robin Hood filed an unlawful detainer action; after a show-cause hearing the trial court found Austin was properly served, failed to vacate, entered judgment for unpaid rent, attorney fees and costs, and issued a writ of restitution.
- Austin moved for reconsideration and argued (1) lack of proper business license, (2) lack of mobile-home-park endorsement/registration, (3) unregistered trade name, and (4) no legal obligation because he never signed a lease; the trial court denied reconsideration.
- The Court of Appeals affirmed the judgment and the denial of reconsideration and awarded appellate attorney fees to Robin Hood.
Issues
| Issue | Plaintiff's Argument (Robin Hood) | Defendant's Argument (Jansen) | Held |
|---|---|---|---|
| Whether lack of a business license under RCW 25.15.046 precludes Robin Hood from suing as landlord | Robin Hood is the owner/landlord and entitled to sue regardless of any professional-LLC license formalities | Robin Hood lacked the proper business license and thus could not maintain the landlord suit | Rejected — ownership makes it a landlord under MHLTA; license formalities do not bar the action |
| Whether lack of a "Mobile Home Park Endorsement" / registration under RCW 59.30.050 prevents suit or service | Robin Hood either complies or the statute does not bar bringing legal actions | Lack of endorsement/registration precludes lawful service and suit | Rejected — statute does not preclude bringing suit; no evidence of noncompliance; administrative remedies not exclusive |
| Whether failure to register a trade name under RCW 19.80.010 bars the suit | Robin Hood sued under its true, registered name (Robin Hood Village MHC, LLC) and raised timing/waiver defenses | Failure to register the trade name prevents maintaining suit | Rejected — Jansen waived the defense by raising it too late; plaintiff used its registered name anyway |
| Whether an unwritten occupant (no written lease) can be liable for unlawful detainer | Unlawful detainer under RCW 59.12.030(6) applies to persons occupying without permission/color of title after notice | Because Jansen never signed a lease he owed no obligations and cannot be held liable | Rejected — trial court’s unchallenged findings show possession, service of 3-day notice, and noncompliance; liable for unlawful detainer |
Key Cases Cited
- Commonwealth Real Estate Servs. v. Padilla, 149 Wn. App. 757, 205 P.3d 937 (2009) (MHLTA governs landlord-tenant relations in mobile home parks)
- Country Manor MHC, LLC v. Doe, 176 Wn. App. 601, 308 P.3d 818 (2013) (unlawful detainer is an expedited statutory remedy for possession)
- Bellevue Square Managers, Inc. v. GRS Clothing, Inc., 124 Wn. App. 238, 98 P.3d 498 (2004) (non-tenants in possession may be liable in unlawful detainer)
- Dearborn Lumber Co. v. Upton Enters., Inc., 34 Wn. App. 490, 662 P.2d 76 (1983) (trade-name capacity-to-sue defenses must be raised in preliminary pleadings or answer)
- In re Det. of W.C.C., 193 Wn. App. 783, 372 P.3d 179 (2016) (unchallenged trial-court findings are verities on appeal)
- Martini v. Post, 178 Wn. App. 153, 313 P.3d 473 (2013) (denial of reconsideration reviewed for abuse of discretion)