area while not wearing a shirt. The third notice said that on July 22 Asentista breached his lease
when he threatened another resident and then followed the resident down the hallway.
On August 19, Pendleton Place served Asentista with a fourth 10-day notice to comply or
vacate. The notice stated, “You are hereby notified under RCW 59.18.650(2)(b) that the tenancy
of the premises set forth above will be terminated as of August 29, 2022 (10 days) unless you
remediate the following substantial breach of a material term subscribed to you in your rental
agreement.” CP at 60.
The notice referenced three incidents. First, on August 13 KMH staff witnessed
Asentista yelling threats toward a resident in their window. Second, on August 14 KMH staff
and a security officer witnessed Asentista screaming from his room and making threats to other
residents. Third, KMH staff and another security officer heard Asentista yelling threats from his
unit with the door open.
Unlawful Detainer Action
On September 14, Pendleton Place filed an unlawful detainer action in superior court.
The complaint attached the 10-day notices as well as several incident reports that involved
Asentista. Pendleton Place then caused Asentista to be served with an eviction summons, the
complaint, and an order to show cause.
3
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No. 58118-3-II
Asentista moved to dismiss the unlawful detainer action. He argued that Pendleton Place
failed to follow proper notification procedures in the lease regarding his alleged breaches of the
terms of the lease. In the alternative, Asentista argued that the unlawful detainer action should
be dismissed because Pendleton Place failed to comply with notice requirements of 15 U.S.C.