day notices. Again, this argument is inconsistent with the language of 15 U.S.C. § 9058(c)(1).
Division One addressed this issue in Sherwood Auburn, 24 Wn. App. 2d 664. In that
case, the landlord served the tenants with a 14-day notice to pay or vacate the premises when
they fell behind on their rent. Id. at 668.3 Over 30 days after service of the notice, the landlord
filed an unlawful detainer action. Id. at 669. After holding a show cause hearing, the trial court
issued a writ of restitution. Id.
On appeal, the landlord argued that 15 U.S.C. § 9058(c)(1) “simply prohibits state trial
courts from evicting tenants during the 30-day period following service of a pay or vacate notice
required by state law.” Id. at 672. In other words, the landlord claimed that it could serve notice
and could file an unlawful detainer action earlier than 30 days, but 15 U.S.C. § 9058(c)(1)
3
The landlord also served the tenants with a document titled “30-day Notice (CARES ACT).”
Sherwood Auburn, 24 Wn. App. 2d at 668. That document stated, in relevant part, that “if a
court so orders in any unlawful detainer action, you may be required to vacate the residential unit
in not less than 30 days from the date of this notice.” Id.
8
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 58118-3-II
provided only the trial court could not order the tenant to vacate until 30 days after the notice.
Id. at 673.
The court rejected this argument. Id. at 673-75. The court concluded that “[t]he plain
language of the statute . . . belies such an interpretation. The CARES Act notice provision
clearly prohibits the lessor . . . – not a state trial court – from requiring a tenant to vacate a