v.
PUBLISHED OPINION
KALEINAINOA ASENTISTA; and all other
unauthorized occupants of 5454 Kitsap Way
#312, Bremerton, Washington 98312,
Appellant.
MAXA, J. – Kaleinainoa Asentista appeals the trial court’s order directing issuance of a
writ of restitution granting Pendleton Place, LLC possession of Asentista’s apartment unit after
he allegedly materially breached the terms of his lease. Pendleton Place operates a federally
subsidized housing facility that serves adults who are chronically homeless, where Asentista
rented a unit.
Pendleton Place served Asentista with four 10-day notices to comply or vacate the
premises after he allegedly walked into the lobby shirtless on one occasion and harassed and
threatened fellow residents several times. More than 30 days after the last notice, Pendleton
Place filed an unlawful detainer action in superior court. After two show cause hearings, the trial
court issued an order directing the issuance of a writ of restitution.
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No. 58118-3-II
Asentista argues that the trial court erred in entering the writ of restitution order because
Pendleton Place failed to provide him with a 30-day notice to vacate as provided by a section of
the Coronavirus Aid, Relief, and Economic 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
under state law before filing an eviction action.
We hold that the four 10-day notices to comply or vacate did not meet the 30-day notice
requirement set forth in 15 U.S.C. § 9058(c)(1). Accordingly, we reverse the trial court’s order