pandemic, his workplace closed and he was unable to find work. Pinzon and
Mendez fell behind on their rent.
On December 21, 2021, Sherwood Auburn served on Pinzon and Mendez
a “14-Day Notice to Pay Rent or Vacate the Premises.” The notice provided:
You must pay the total amount due to your landlord within
fourteen (14) days after service of this notice or you must vacate
the premises. Any payment you make to the landlord must first be
applied to the total amount due as shown on this notice. Any failure
to comply with this notice within fourteen (14) days after service of
this notice may result in a judicial proceeding that leads to your
eviction from the premises.
(Emphasis added.) On the same day, Sherwood Auburn, an entity with a
federally backed mortgage loan, served the tenants with a document entitled “30-
DAY NOTICE (CARES Act).” The document stated:
YOU ARE HEREBY NOTIFIED, pursuant to the obligations
of the CARES Act as passed by the United States Congress, that
2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 84119-0-I/3
the Landlord has served a notice to vacate, or a notice to comply or
vacate on you pursuant to the laws of the State of Washington, and
in accordance with the requirements of emergency orders
promulgated by Governor Jay Inslee, and 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.
(Emphasis added.)
On February 12, 2022, Sherwood Auburn served Pinzon and Mendez with
an eviction summons and complaint for unlawful detainer. The landlord
thereafter filed in the superior court a complaint for unlawful detainer and order to