CARES Act notice provision would replace the word “lessor” with the words
“superior court.”5 Thus, Sherwood Auburn’s preferred interpretation of the notice
4
The full text of this provision states:
The lessor of a covered dwelling unit—
(1) 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; and
(2) may not issue a notice to vacate under paragraph (1) until after
expiration of the period described in subsection (b) [the 120-day eviction
moratorium].
15 U.S.C. § 9058(c).
5
Sherwood Auburn clarified its interpretation of the CARES Act notice provision at oral
argument. According to Sherwood Auburn, the proper interpretation of the provision would
replace the word “lessor” with the words “superior court.” Thus, Sherwood Auburn asserts that
the statute should be understood as providing that the superior court—not the lessor—“may not
require the tenant to vacate the covered dwelling unit before the date that is 30 days after the
7
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 84119-0-I/8
provision would merely preclude the superior court from enforcing a breach of a
lease agreement during the 30-day notice period. It would not preclude the
landlord from commencing an unlawful detainer action during that time.
The plain language of the statute, however, belies such an interpretation.
The CARES Act notice provision clearly prohibits the lessor (the beneficiary of
the federal financial assistance)—not a state trial court—from requiring a tenant
to vacate a covered housing unit prior to expiration of the notice period. “The
lessor of a covered dwelling unit,” the statute plainly states, “may not require the