commencing an unlawful detainer action. Sherwood Auburn has availed itself of
the “substantial financial benefits” of a federally backed mortgage loan, but does
not wish to comply with the additional requirements imposed by Congress on
landlords that have accepted such benefits. Our state’s RLTA explicitly provides
that federal law may require greater notice than that required by state law. RCW
59.18.057(3). Indeed, tenant protections provided by federal law, such as the
CARES Act notice requirement, “are properly considered as limitations to our
state’s unlawful detainer statute.” Indigo, 169 Wn. App. at 423. Thus, pursuant
to the plain language of § 9058(c), landlords subject to the CARES Act by virtue
of their acceptance of certain federal financial benefits must provide a 30-day
notice to pay or vacate to tenants residing in “covered dwellings.”
10
Washington courts have repeatedly held that when a tenant is entitled to more notice
than that provided by the unlawful detainer statute, a landlord can commence an unlawful
detainer action only after affording the greater notice period. “When a tenant contracts with his
landlord for a notice period longer than the statutory period, he is entitled to the full time stated
just as he is under the statute.” Cmty. Invs., Ltd. v. Safeway Stores, Inc., 36 Wn. App. 34, 38,
671 P.2d 289 (1983) (holding that unlawful detainer action could not be sustained when landlord
filed the action 19 days after providing notice of default when the lease provided a 20-day
opportunity to cure). See also Heuft, 141 Wn. App. at 629, 633 (vacating judgment against tenant
when landlord provided less than the 10-day notice required by the lease).