541 P.3d 397
Wash. Ct. App.2024Background
- Pendleton Place, LLC operates a federally subsidized housing facility for chronically homeless adults in Bremerton, Washington; Kaleinainoa Asentista was a tenant.
- Asentista was served four 10-day notices to comply or vacate after alleged behavioral breaches, including harassment and threats to other residents.
- Pendleton Place waited more than 30 days after the last 10-day notice before initiating an unlawful detainer (eviction) action in court.
- The trial court granted a writ of restitution (eviction), finding that sufficient notice had been given due to over 30 days passing since the first notice.
- Asentista appealed, arguing that Pendleton Place failed to provide the 30-day notice required by the CARES Act for federally subsidized housing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of CARES Act 30-day notice | Requires 30-day notice for all evictions from covered properties | Applies only to nonpayment of rent situations | 30-day notice required in all covered evictions under CARES |
| Sufficiency of multiple 10-day notices | 10-day notices do not satisfy federal 30-day requirement | 10-day notices plus waiting period are sufficient | Four 10-day notices do not meet the 30-day requirement |
| Timing and filing of unlawful detainer after notices | Eviction action invalid without 30-day notice | Action proper since 30+ days elapsed after last breach | Notice to vacate must explicitly give 30 days, not just lapse |
| Attorney fees on appeal | Prevailing appellant entitled to fees under RLTA | Not contested | Appellant awarded reasonable attorney fees and costs |
Key Cases Cited
- Indigo Real Estate Servs. v. Wadsworth, 169 Wn. App. 412 (Wash. Ct. App. 2012) (federal laws with extra tenant protections limit state unlawful detainer law)
- Kitsap County Consol. Hous. Auth. v. Henry-Levingston, 196 Wn. App. 688 (Wash. Ct. App. 2016) (noncompliance with notice requirements prevents trial court jurisdiction)
- Sherwood Auburn, LLC v. Pinzon, 24 Wn. App. 2d 664 (Wash. Ct. App. 2022) (CARES Act 30-day notice required for covered evictions, not just for nonpayment)