Degenhardt v. Ewe Ltd. Partnership

2011 ME 23, 13 A.3d 790, 2011 Me. LEXIS 23
CourtSupreme Judicial Court of Maine
DecidedFebruary 24, 2011
StatusPublished
Cited by7 cases

This text of 2011 ME 23 (Degenhardt v. Ewe Ltd. Partnership) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Degenhardt v. Ewe Ltd. Partnership, 2011 ME 23, 13 A.3d 790, 2011 Me. LEXIS 23 (Me. 2011).

Opinion

JABAR, J.

[¶ 1] When ejecting a guest from a “lodging house,” the owner of the property-need not comply with the forcible entry and detainer process set forth in 14 M.R.S. §§ 6001-6016 (2010). See 30-A M.R.S. §§ 3887-3838 (2010).1 Invoking this principle, EWE Limited Partnership asks us to conclude that its property qualifies as a “lodging house” within the meaning of sections 3837 and 3838. The District Court (Bangor, Gunther, J.) rejected this argument and found that EWE illegally evicted Douglas J. Degenhardt from the property in violation of 14 M.R.S. § 6014, causing him $590 in actual damages. Although we discern no error in the court’s factual findings and affirm its conclusion that EWE’s property does not meet the statutory definition of “lodging house,” we vacate a portion of the court’s damages award.

I. BACKGROUND

[¶ 2] The court (R. Murray, J.) found the following facts, which are supported by competent evidence in the record. EWE is the owner of a fifteen-unit building on Union Street in Bangor. On January 13, 2009, Degenhardt began living at the Union Street building, at which time he signed a “Guest Registry” assigning him to unit 8. Degenhardt also signed a second document entitled “Rules For Union Street Inn” (the Rules), which described the Union Street property as “a licensed boarding house with the City of Bangor.” Located directly above the signature line of the document was the following language: “I realize that I am a short term guest and am subject to normal hotel law. I understand that the length of my stay may be limited by management d[ue] to Maine law.” During Degenhardt’s entire stay at the Union Street building, the property was licensed by the City of Bangor as a “lodging house.” See 30-A M.R.S. § 3811(1) (2010).

[¶ 3] According to the Rules, all rooms in the Union Street building were “available on a daily basis for $40 per night, due in advance unless other arrangements [we]re made with the management.”2 In reality, however, the vast majority of the building’s residents, including Degenhardt, paid rent on a monthly basis. Degen-hardt’s rental fee for unit 8 was $450 per month, which included heat and electricity. Although cleaning and linen services were available, all of the building’s residents declined these services in exchange for a reduced room rate. Unit 8 was furnished with a foldout couch and sink, but was not equipped with bathroom or kitchen facilities. Instead, Degenhardt shared a common bathroom and kitchen area with other residents. These common areas were cleaned and maintained by RLE Property Management, which managed the Union Street property for EWE.

[793]*793[¶ 4] In May 2009, Degenhardt moved to unit 9 in the Union Street building. No signed documentation accompanied this change. Unit 9 had its own bathroom and kitchen facilities, and was furnished with a dresser and the foldout couch from unit 8. Degenhardt was charged $550 per month to rent unit 9.

[¶ 5] On September 9, 2009, Degen-hardt was arrested for disorderly conduct and spent the night in jail. Upon returning to the Union Street property the following day, Degenhardt was told that he was no longer welcome. After a brief exchange, an RLE employee called the police to escort Degenhardt from the premises. Although Degenhardt attempted to gather his possessions before leaving the property, he was ultimately unable to recover all of his personal belongings.

[¶ 6] On September 14, 2009, De-genhardt filed a complaint in the District Court seeking injunctive relief and damages for illegal eviction. Shortly thereafter, the court issued a temporary restraining order against EWE, enabling Degenhardt to remain living in unit 9. Following a hearing, the court granted Degenhardt’s motion for a preliminary injunction.3 In its ruling, the court rejected EWE’s contention that the Union Street property qualified as a “lodging house,” and it found that Degenhardt was entitled to the protections of the forcible entry and detainer process. The court (Gunther, J.) later entered judgment for Degenhardt on his claim of illegal eviction, awarding him reasonable attorney fees and $590 in damages. In its calculation of damages, the court awarded Degenhardt $350 for lost property and $240 “for being deprived of housing for four days and nights.” Following the judgment, EWE brought this appeal.

II. DISCUSSION

A. Lodging House

[¶ 7] EWE’s challenge to the court’s illegal eviction finding rests on its contention that it operated the Union Street building as a “lodging house.” Because the owner of a lodging house may eject a guest without resorting to the forcible entry and detainer process, see 30-A M.R.S. §§ 3837-3838, EWE contends that its removal of Degenhardt did not constitute an illegal eviction.4 “We review the trial court’s factual findings for clear error, and its application of the applicable law to those facts de novo.” Estate of Miller, 2008 ME 176, ¶ 9, 960 A.2d 1140, 1142. Interpretation of a statute is reviewed de novo. Hatch v. Anderson, 2010 ME 94, ¶ 11, 4 A.3d 904, 907.

[¶ 8] Title 30-A M.R.S. § 3801(3) (2010) provides the following definition of “lodging house”:

[794]*7943. Lodging house. “Lodging house” means a house where lodgings are rented, but does not include:
A. A house where lodgings are rented to fewer than 5 lodgers;
(1) The term “lodger” does not include persons within the 2nd degree of kindred to the person operating the lodging house;
B. The dormitories of charitable, educational or philanthropic institutions; or
C. The emergency use of private dwelling houses at the time of conventions or similar public gatherings.

Although this definition is of limited use in discerning the nature of the Union Street property, other statutory provisions offer some assistance. Lodging houses may be subject to municipal licensing and regulatory requirements, see 30-A M.R.S. §§ 3811-3812 (2010),5 must post maximum daily room rates in every bedroom, see 30-A M.R.S. § 3802(1) (2010), and must maintain a guest register on the premises at all times, see 30-A M.R.S. §§ 3821-3822 (2010).

[¶ 9] Our case law also provides guidance in distinguishing between a lodging house and regular rental property. We have found the length of an occupant’s stay to be of particular importance, with extended occupancy suggesting an arrangement unlike that of a lodging house. See Hailu v. Simonds, 2001 ME 155, ¶ 9, 784 A.2d 1, 4; cf. Benham v. Morton & Furbish Agency, 2007 ME 83, ¶ 19, 929 A.2d 471, 475. Also relevant to the inquiry is the language used in any agreement between the parties, as well as the availability of on-site kitchen facilities. See Hailu, 2001 ME 155, ¶ 9, 784 A.2d at 4. Finally, we have mentioned the following “factors that distinguish a lease from a license in a lodging context”:

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Bluebook (online)
2011 ME 23, 13 A.3d 790, 2011 Me. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degenhardt-v-ewe-ltd-partnership-me-2011.