371 (quoting Terry, 114 Wn.2d at 569). Such “notice must . . . be sufficiently
particular and certain so as not to deceive or mislead.” IBC, LLC v. Heuft, 141
Wn. App. 624, 632, 174 P.3d 95 (2007).
2
The federal CARES Act, enacted by Congress in response to the
economic disruption resulting from the COVID-19 pandemic, provides protections
for tenants living in housing units owned by landlords that have received the
financial benefits of certain federal programs. 15 U.S.C. § 9058. The statute
applies to tenants living in any “covered dwelling,” which includes housing units
on properties with “[f]ederally backed mortgage loan[s].” 15 U.S.C. § 9058(a)(1),
6
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No. 84119-0-I/7
(2)(B)(i). In addition to imposing a 120-day moratorium on eviction actions for
nonpayment of rent or other charges, 15 U.S.C. § 9058(b), the CARES Act
established a 30-day notice requirement, which provides that “[t]he lessor of a
covered dwelling unit . . . 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 the tenant with a notice to vacate.” 15 U.S.C. § 9058(c)(1).4
C
1
Pinzon and Mendez assert that the CARES Act notice provision requires
that tenants residing in “covered dwellings” receive an unequivocal 30-day notice
to pay rent or vacate the premises before the landlord may commence an
unlawful detainer action. In contrast, Sherwood Auburn contends that the
CARES Act 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.
Indeed, as Sherwood Auburn clarified at oral argument, its interpretation of the