Washington Supreme Court hands landlords major victory after CARES Act challenge
Feb 24, 2025, 4:56 AM | Updated: Feb 25, 2025, 11:12 am
The Washington State Supreme Court delivered a major win for landlords. (Photo: Washington State Supreme Court)
(Photo: Washington State Supreme Court)
The Washington Supreme Court ruled last week that the CARES Act鈥檚 30鈥慸ay eviction notice requirement for subsidized housing applies exclusively to cases of nonpayment of rent, allowing landlords to follow state law鈥攁nd issue shorter notices鈥攊n other eviction matters. The decision was unanimous.
鈥淭he context of the CARES Act… demonstrates that it was intended primarily to provide economic support to tenants during an emergency situation, not to alter the general eviction laws of every state,” the Court .
With this interpretation, landlords in Washington may now issue 10鈥慸ay comply鈥憃r鈥憊acate notices for breaches of lease agreements and even 3鈥慸ay notices for issues such as nuisance, waste, or unlawful activity.
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How did we get here?
The decision comes amid conflicting rulings from the Washington State Court of Appeals and resolves the dispute in the case of King County Housing Authority v. Knight.
The case involved Angela Knight and her children, who resided in a unit managed by the King County Housing Authority (KCHA). In 2023, following repeated incidents dating from 2013 to 2018鈥攊ncluding responses by law enforcement to shootings, stolen vehicles, and arrests鈥攖he housing authority served Knight with a three鈥慸ay notice to vacate for nuisance and criminal conduct.
But Knight did not leave and聽the King County Superior Court concluded that the subsidized housing fell under the CARES Act鈥檚 30-day notice requirement for evictions.
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What does the Washington Supreme Court landlord ruling mean?
In the opinion, the Court underscored the traditional state role in landlord鈥憈enant matters, noting that, 鈥淭he clear statement federalism rule is a canon of interpretation that requires Congress to make its intent 鈥溾�榰nmistakably clear鈥� when enacting statutes that would alter the usual constitutional balance between the Federal Government and the States.鈥�
This precedent-set ruling allows landlords to move more swiftly in addressing problematic tenancy situations by reverting to the notice periods established under state law.
The opinion reinforces that while the CARES Act provided vital emergency relief during the COVID鈥�19 pandemic鈥攊ncluding protections for tenants in subsidized housing鈥攊t was never intended to permanently supplant state eviction procedures.
Justice Barbara Madsen authored the opinion.
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