directing issuance of a writ of restitution and remand for the trial court to vacate the writ of
restitution order and dismiss the unlawful detainer action.1
FACTS
Background
Pendleton Place is a housing facility in Bremerton. It serves adults who are chronically
homeless. Kitsap Mental Health (KMH) provides 24-hour staffing for the residents of Pendleton
Place. Pendleton Place participates in the federal low-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 stated, “You are hereby notified under RCW 59.18.650(2)(b) that the
1
Asentista also argues that (1) the pre-eviction notices Pendleton Place served him were
unlawfully vague; and (2) Pendleton Place failed to prove just cause for an eviction under federal
and state law or, in the alternative, the trial court erred in failing to order a trial to resolve
outstanding issues of material fact regarding whether Pendleton Place had just cause to evict
him. Because of our holding, we do not address these issues.
2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 58118-3-II
tenancy of the premises set forth above will be terminated as of August 5, 2022 (10 days) unless
you remediate the following substantial breach of a material term subscribed to you in your
rental agreement.” Clerk’s Papers (CP) at 29, 33, 37.
The first notice stated that on July 21 KMH staff witnessed Asentista screaming down the
hallways and making intimidating gestures that made residents and staff feel threatened. The
second notice stated that on July 21 Asentista breached his lease when he entered the common