§ 9058(c)(1). Later, Asentista requested a trial to resolve open questions of material fact.
After two show cause hearings, the trial court denied Asentista’s motion to dismiss and
request for a trial. Regarding the 15 U.S.C. § 9058(c)(1) notice requirement, the court said that
“the first notice was given on July 22 of 2022, more than thirty days have elapsed since that first
notice. So, the purpose of the act has been satisfied.” Rep. of Proc. (Oct. 21, 2022) at 22. The
court then concluded that Pendleton Place demonstrated evidence of health and safety issues.
The trial court issued an order granting the writ of restitution.
Asentista appeals the trial court’s order granting the writ of restitution.
ANALYSIS
A. APPLICATION OF 15 U.S.C. § 9058(c)(1) 30-DAY NOTICE
Asentista argues that the trial court erred in granting the writ of restitution because
Pendleton Place failed to comply with the 30-day notice requirement in 15 U.S.C. § 9058(c)(1).
We agree.
1. Relevant Eviction Notice Statutes
RCW 59.12.030(4) imposes several requirements on landlords before they may bring an
unlawful detainer action against a tenant for breach of a condition or covenant in the lease.
Landlords must provide written notice to the tenant identifying the breach and giving the tenant
10 days to comply or vacate the property. The notice must specify “the acts or omissions
constituting the breach” and must specify the date by which the tenant must remedy or vacate the
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No. 58118-3-II
property. RCW 59.18.650(2)(b). If the tenant fails to cure the breach or vacate the property, the
tenant is unlawfully detaining the premises. RCW 59.18.650(2)(b).