Wash. Court of Appeals published opinion — 850318.pdf

Citation: Wash. Court of Appeals published opinion — 850318.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/850318.pdf ↗

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jurisdictions reinforce that interpretation. Adopting the alternative interpretation

offered by the Amicus—that in the throes of the onset of a pandemic Congress

initiated an expansive and permanent nationwide program of landlord and tenant

eviction reform—would lead to unlikely and absurd results in rental housing.

Thus, the plain meaning of the CARES Act is that it requires 30 days’

notice to vacate only for evictions stemming from nonpayment of rent.

Accordingly, the superior court commissioner erred by denying the Housing

Authority’s petition and dismissing its unlawful detainer action against the

Knights.

IV

As a final matter, we recognize that the Knights, to our knowledge, have

not received actual notice of this appeal. They did not submit any filings to the

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superior court, appear in the proceedings therein, submit any filings to this court,

or otherwise participate at any stage in this matter.

It is undisputed that both the Housing Authority and this court sent notices

to the Knights at their last known address, the rental unit from which the Housing

Authority was seeking to evict them. However, it is unclear if the Knights actually

received such notice.13

Nevertheless, it is well-established that the test for due process is not

whether actual notice is received, but whether the notice was sent in a manner

“reasonably calculated to reach the intended parties.” In re Saltis, 25 Wn. App.

214, 219, 607 P.2d 316 (1980) (citing Mullane v. Cent. Hanover Bank & Trust

Co., 339 U.S. 306, 318, 70 S. Ct. 652, 94 L. Ed. 865 (1950) (“within the limits of

practicability notice must be such as is reasonably calculated to reach interested