Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)

Citation: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Parent Document: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-01-08
Original Source: https://www.courtlistener.com/opinion/4930926/duvall-highlands-llc-v-elwell/ ↗

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A federal consent order was entered in 1998 that required Hwang to charge all Park units a base rent of $450 or $375 plus “water, sewer and garbage utilities and other applicable municipal utility services actually used by that unit.” The trial court ruled in limine that, as a matter of law, the consent order applies to Elwell, and Hwang therefore properly applied the consent order’s rent structure to her. But the consent order specified that its terms were “[s]ubject to the requirements and restrictions found in the [Mobile Home Landlord-Tenant Act (MHLTA),]” and Elwell argues on appeal that the MHLTA prevents Hwang from requiring her to pay utilities because her original lease agreement stated that Hwang would provide garbage, water, and sewer. We disagree for the reasons explained in McGahuey v. Hwang,16 and hold that as of June 1, 1999, Elwell owed a base rent of $450, which includes $75 for utilities.

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