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current opinion, go to https://www.lexisnexis.com/clients/wareports/. No. 85031-8-I/14 subsection (c)(1) required 30 days’ notice for evictions but also did not expressly set forth a basis for eviction from which such notice could issue, Congress intended that
whether the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) requires landlords to provide 30 days’ notice when evicting tenants for any reason or only for nonpayment of rent. Pub. L. No. 116-136, 134 Stat. 281 (2020) (codified
serve or enforce, any notice requiring a resident to vacate any dwelling . . . , including but not limited to an eviction notice, notice to pay or vacate, notice of unlawful detainer, notice of termination of rental, or notice to comply or vacate
required by the” CARES Act. 7 C.F.R. § 3560. The rule explains “[t]he requirement to provide 30 days’ notice prior to eviction for nonpayment of rent is statutory and has been in effect since the enactment of the CARES
Respondents. DWYER, J. — Does the federal Coronavirus Aid, Relief, and Economic Security Act1 (CARES Act) require 30 days’ notice for any eviction from dwellings covered by the Act? With all due respect to our colleagues at Division II, we conclude
judge therein concluded that the CARES Act did not require a housing authority to provide 30 days’ notice to vacate to evict Armstrong when the eviction action stemmed from her serious nuisance on the premises.10 Armstrong, at *3. The judge
finding, the district court judge implicitly determined that the CARES Act required 30 days’ notice only for evictions stemming from nonpayment of rent. Lastly, in CP Commercial Properties, LLC v. Sherman, 318 So.3d
sparse decisional authority in jurisdictions outside Washington further reinforce that the CARES Act only requires 30 days’ notice for evictions stemming from nonpayment of rent. D The Amicus suggests that a report by the federal Congressional Research Service (CRS), created
appeal was pending, Division Two of the Court of Appeals held that the CARES Act’s notice requirement applies to all evictions in Pendleton Place, LLC v. Asentista, 29 Wn. App. 2d 516, 526, 541 P.3d 397 (2024). In Knight
Indeed, Sherwood Auburn discloses in its briefing, “[l]andlords routinely provide superfluous notices and/or information to tenants in eviction notices, or otherwise, for no other reason than to keep eviction costs down.” Br. of Resp’t at 18. “Providing superfluous
income housing tax credit program. In June 2022, Asentista signed a lease for a unit at Pendleton Place. Pre-Eviction Notices On July 22, 2022, Pendleton Place served Asentista with three 10-day notices to comply or vacate. Each notice
Security (CARES) Act, 15 U.S.C. § 9058(c)(1). Pendleton Place claims that 15 U.S.C. § 9058(c)(1) notice provision applies only to evictions for nonpayment of rent, and requires only that the landlord wait 30 days after the notice required
criminal conduct on the premises, and we are tasked with interpreting whether the Act requires 30 days’ notice for all eviction actions regarding a dwelling covered by the Act. Thus, we plainly did not decide in Pinzon the matter
Just Cause Eviction Ordinance (JCEO). Tenants also claimed that service of process and the contents of the eviction notice were insufficient. At the show cause hearing, Tenants requested a trial on the issue of just cause
evicted only for certain specified reasons. • RCW 59.18.650(2)(a). The right to a 14-day notice of eviction after a default in the payment of rent. • RCW 59.18.650(2)(a). The right to cure a default in the payment
Court had no reservation about applying a clear statement rule to the CARES Act. All states require notice prior to commencing the eviction process. Suppl. Br. of Pet’r Andre Knight at 14 n.1 (citing 49 state eviction provisions). Accepting
this rebuttable presumption of retaliation is conditional. For example, if at the time the landlord serves the tenant the eviction notice, the tenant is behind on rent or in breach of the lease 25 For the current opinion
Knight’s view, the conclusion that the CARES Act imposes a permanent, 30-day notice provision for all evictions is simple. A landlord “may not require” a “tenant to vacate the covered dwelling unit” until providing “30 days” of notice
subsection (c)(2)’s reference to subsection (b) indicates that Congress intended to limit the 30-day notice requirement, namely to evictions for failure to pay rent. Significantly, the notice provision is located in the section titled “Temporary moratorium
Terry, 114 Wn.2d 558, 563, 789 P.2d 745 (1990). To evict a holdover tenant, a landlord must serve an eviction notice. If the tenant has not complied with the notice, the landlord may commence an unlawful detainer action by serving