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Wash. Court of Appeals published opinion — 841190.pdf

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Wash. Court of Appeals published opinion — 841190.pdf
Jurisdiction
Washington (state)
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(“Because it gave deficient notice, the Housing Authority could not prove a cause

of action for unlawful detainer.”). Accordingly, “a trial court cannot grant relief in

an unlawful detainer action when a landlord has failed to comply with the relevant

[notice requirement].” Henry-Levingston, 196 Wn. App. at 699. When a landlord

files an unlawful detainer action after providing inadequate notice, which includes

failing to clearly set forth the requisite period to cure the alleged default, the

action must be dismissed. See, e.g., Heuft, 141 Wn. App. at 633 (vacating the

judgment entered in an unlawful detainer action because the landlord failed to

provide the cure period provided by the lease); Cmty. Invs., Ltd., 36 Wn. App. at

37-38 (affirming the trial court’s dismissal of an unlawful detainer action because

the landlord did not provide the required 20 days to cure the default).

B

Here, Sherwood Auburn served Pinzon and Mendez with two notices—a

14-day pay or vacate notice pursuant to RCW 59.12.030(3), and an additional

notice entitled “30-DAY NOTICE (CARES Act)” stating that, “if a court so

order[ed],” Pinzon and Mendez could be “required to vacate the residential unit in

not less than 30 days” from the date of the notice. These notices did not

unequivocally inform Pinzon and Mendez that, pursuant to the CARES Act, they

had 30 days from the date of notice to cure the alleged nonpayment of rent or to

vacate the premises. Notice must be “sufficiently particular and certain so as not

to deceive or mislead.” Heuft, 141 Wn. App. at 632. Thus, when the notice

provided does not accurately convey the correct time period to cure or vacate,

the notice is not sufficient. Heuft, 141 Wn. App. at 633 (landlord provided a