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Wash. Court of Appeals published opinion — D2 58118-3-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 58118-3-II Published Opinion.pdf
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Washington (state)
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“are properly considered as limitations to our state’s unlawful detainer statute.” Indigo Real

Estate Servs. v. Wadsworth, 169 Wn. App. 412, 423, 280 P.3d 506 (2012).

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 58118-3-II

A trial court cannot grant relief in an unlawful detainer action if the landlord has not

provided the required notice to vacate or cure. Kitsap County Consol. Hous. Auth. v. Henry-

Levingston, 196 Wn. App. 688, 699, 385 P.3d 188 (2016). “Such noncompliance prevents the

trial court from exercising its jurisdiction.” Id.

2. Statutory Interpretation

We view questions of statutory interpretation de novo. Ekelmann v. City of Poulsbo, 22

Wn. App. 2d 798, 807, 513 P.3d 840 (2022). When interpreting a federal statute, our objective is

to ascertain the intent of Congress. Henry-Levingston, 196 Wn. App. at 701. “We consider the

language of the statute, the context of the statute, related statutes, and the statutory scheme as a

whole.” Ekelmann, 22 Wn. App. 2d at 807.

If the plain statutory language is unambiguous, we apply that language as written.

Dzaman v. Gowman, 18 Wn. App. 2d 469, 479, 491 P.3d 1012 (2021). We cannot use statutory

interpretation to add language that the legislature did not use. Miller v. Dep’t of Revenue, 27

Wn. App. 2d 415, 423, 532 P.3d 187 (2023). And this court does not “rewrite plain statutory

language under the guise of construction.” McColl v. Anderson, 6 Wn. App. 2d 88, 91, 429 P.3d

1113 (2018).

3. Plain Language of 15 U.S.C. § 9058(c)(1)

15 U.S.C. § 9058(c)(1) states that a lessor “may not require the tenant to vacate the

covered dwelling unit before the date that is 30 days after the date on which the lessor provides