By David Britton, Attorney
“Who owns the property?” sounds like a simple question. For property managers preparing an eviction file, however, the answer requires more than checking the name in the management software.
The legal owner’s identity—and the property manager’s authority to act for that owner—can determine whether an eviction case moves forward or faces dismissal. An outdated ownership record or management agreement can create an expensive problem at the very moment an owner needs help.
One of the most common causes? An owner transfers a rental property into an LLC but never tells the property management company.
When the Owner Becomes an LLC
Consider this example: Jane Smith hires a property management company to manage her rental home. The management agreement identifies Jane as the owner.
Later, Jane transfers the property to Smith Rental Homes, LLC. She continues communicating with the manager, approving repairs, and receiving distributions. From the manager’s perspective, nothing appears to have changed.
Legally, something important has changed: the LLC now owns the property.
An LLC is separate from the individual who owns or operates it—even when it has only one member. Jane’s ownership of the LLC does not mean she continues to own the real estate personally.
The management company must address that change. An agreement with Jane individually should not simply be assumed to authorize management or litigation on behalf of her LLC. The agreement and supporting records need to establish the manager’s authority to act for the current owner.
Start by Verifying Ownership
When preparing an eviction file, compare the ownership information supplied by the client with the county Assessor/Treasurer’s records.
Those records are a useful starting point, but they should not end the inquiry when information conflicts or a recent transfer may have occurred.
The next step is to review recorded documents through the County Auditor or Recorder’s Office in the county where the property is located. These records document property transfers and other transactions affecting the property.
Search using the owner’s name, the parcel number, or both, depending on the county’s search system. Locate the most recent deed conveying an ownership interest in the property and identify:
The grantee on the most recent relevant deed is the starting point for identifying the current record owner. Read the document carefully: a deed may transfer only a partial interest, and multiple owners or later documents may affect the answer. If the records remain unclear, have counsel or a title professional resolve the discrepancy before filing.
Know Which Documents Convey Ownership
Several types of deeds can convey an ownership interest, including:
A Deed of Trust serves a different purpose. It secures a loan and should not be mistaken for the deed identifying who acquired ownership of the property. County recording systems contain both ownership and financing documents, so the most recently recorded document is not necessarily the most recent ownership transfer.
Use the Legal Name
Rental property may be held by individuals, corporations, LLCs, partnerships, trustees, or estates. The file must identify the correct legal owner and the person authorized to act for that owner.
A trade name, sometimes called a “d/b/a” or “doing business as” name, can create confusion. A business may use one name publicly while its legal name is different.
Use the legal name shown in the ownership documents, and make sure the management agreement accurately identifies that owner. An apartment community’s name, an owner’s nickname, or a familiar business name may not identify the party that holds title.
Precision matters. “Close enough” can become a serious problem when the court reviews who brought the case and what authority that party has.
Trusts and Estates Require Additional Documentation
When property is held in trust, obtain the recorded deed and documentation establishing who may act as trustee. Depending on the circumstances, counsel may request the trust instrument, a certification of trust, or other supporting records.
The documents must establish both how title is held and who has authority to act. Do not assume that a familiar family member or the person receiving rent is necessarily the authorized trustee.
When an estate is involved, request the probate case number and documentation of the personal representative’s appointment, such as Letters Testamentary or Letters of Administration. Counsel should confirm the appropriate party and authority before an eviction proceeds.
Check the Property Management Agreement
Verifying ownership is only half the job. The management agreement must also establish the property manager’s authority.
For eviction preparation, an important distinction is whether the agreement expressly authorizes the management company to initiate legal proceedings—including unlawful detainer actions—in its own name.
An agreement authorizing routine management or coordination with an attorney should not automatically be treated as permission for the manager to appear as the plaintiff.
Washington’s Residential Landlord-Tenant Act includes designated owner representatives within its definition of “landlord.” Nevertheless, the proper plaintiff and the manager’s authority must be evaluated against the agreement and the circumstances of the case.
Provide counsel with the complete, current management agreement. If the manager will be named as plaintiff, counsel needs to confirm that the agreement and applicable law support that approach.
Make Ownership Verification Part of Your Process
Before submitting an eviction file:
Owners should also notify their property manager whenever they transfer title—even when the transfer is to their own LLC or family trust.
A few minutes spent checking ownership and authority can prevent delays, additional legal expenses, and a dismissal that might have been avoided.
Before an eviction begins, make sure the ownership records, management agreement, and proposed plaintiff all tell the same story.
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions. Cookie Policy
