Wash. Court of Appeals published opinion — D2 47696-7-II Published Opinion.pdf

RCW 59.12.030(1); see also FPA Crescent Assocs., 190 Wn. App. at 677 (allowing an unlawful

detainer action “only after the expiration of the fixed term as specified in the lease agreement”).

Second, under RCW 59.12.030(4) a landlord can file an unlawful detainer action before

the end of the lease term only if the tenant has been given the opportunity to cure any lease

violations. See Sullivan v. Purvis, 90 Wn. App. 456, 459-60, 966 P.2d 912 (1998) (requiring

strict compliance with statutory notice requirements). A tenant is guilty of unlawful detainer

under this subsection after he or she fails to perform any lease covenant or condition (other than

payment of rent) and receives written notice “requiring in the alternative the performance of such

condition or covenant or the surrender of the property” if the tenant does not comply within 10

days of service. RCW 59.12.030(4). The statute provides that within 10 days of notice the

tenant “may perform such condition or covenant and thereby save the lease from such

forfeiture.” RCW 59.12.030(4).

A trial court cannot grant relief in an unlawful detainer action when a landlord has failed

to comply with the relevant subsection of RCW 59.12.030. See Hous. Auth. v. Terry, 114 Wn.2d

558, 563-64, 789 P.2d 745 (1990). Such noncompliance prevents the trial court from exercising

its jurisdiction. Christensen, 162 Wn.2d at 372.

4. Requirements for Public Housing Evictions

As discussed above, 42 U.S.C. § 1437d(l) provides for termination of public housing

leases under certain circumstances and with certain procedural safeguards. But federal law does

not contain any eviction provisions. In Terry, the Supreme Court held that if a PHA uses