We moved to Texas a few years ago and rented our WA home. The house is paid off and is currently in my name. If I decide to transfer the home to a Texas LLC, do I need to register the Texas LLC with WA secretary of state? In other words, is renting the property in WA considered "doing business" in WA?
After transferring the WA home to TX LLC, should I have the tenants re-sign the lease with the updated name for the landlord?
Generally, Washington requires a person to file a business license application with the state if they wil be selling anything, have employees, use a name other than their own exact full name or the exact name of a corporation registered with the Secretary of State or if the business is expected to have gross revenues of over $12,000 in a given year.
In addition, many cities require local business licenses for landlords and may require an inspection of the property (RCW 59.18.125). For those cities requiring a local business license, the application often includes a field to enter the state Unified Business Identifier. I recommend looking at the business licensing provisions on the Department of Revenue website (http://www.dor.wa.gov).
You will need to comply with the state Residential Landlord Tenant Act (Chapter 59.18 RCW) and if the home is a manufactured or mobile home the Manufactured/Mobile Home Landlord-Tenant Act (Chapter 59.20 RCW).
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
The RLTA requires that a landlord who resides out of state have an in-state agent for service of notice and process. See RCW 59.18.060(15). Whether your agent is an LLC or a person doesn't matter.
Using Avvo does not form an attorney client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline