IN THE SUPREME COURT OF THE STATE OF WASHINGTON
)
ANTONIA NYMAN, )
)
Respondent, ) No. 99249-5
)
v. )
) En Banc
DAN HANLEY, )
)
Appellant. ) Filed July 22, 2021
_______________________________)
GONZÁLEZ, C.J.— Antonia Nyman was renting a backyard cottage to Dan
Hanley when the COVID-19 (coronavirus disease) pandemic began. She sought to
evict Hanley and gave him 60 days’ notice of her intention to move into the unit
herself. Due to this unprecedented pandemic, Governor Jay Inslee temporarily
halted most evictions, but not for landlords seeking to occupy the unit personally.
A federal eviction moratorium imposed by the United States Centers for Disease
Control and Prevention (CDC) also temporarily halted some evictions, but not for
tenants who have violated a contractual obligation (with certain specified
exceptions). We are asked whether Hanley violated a contractual obligation by
holding over in his unit after his lease expired by its terms. Based on undisputed
facts before us, we hold that he has.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Nyman v. Hanley, No. 99249-5
BACKGROUND
Hanley rented Nyman’s backyard cottage. 1 The lease ran from July 2019 to
July 2020 and did not convert into a month-to-month tenancy. 2 Hanley fell behind
on rent. In February 2020, Nyman served Hanley with a notice to pay the rent he
owed or vacate. In March, Nyman began eviction proceedings.
Meanwhile, Governor Inslee declared a state of emergency due to the
COVID-19 pandemic. Proclamation by Governor Jay Inslee, No. 20-05 (Wash.
Feb. 29, 2020), https://www.governor.wa.gov/sites/default/files/
proclamations/20-05%20Coronavirus%20%28final%29.pdf [https://perma.cc/
TAF6-QNGB]. On March 18, 2020, the governor temporarily prohibited