Skip to main content

Wash. Court of Appeals published opinion — D2 58118-3-II Published Opinion.pdf

Citation
Wash. Court of Appeals published opinion — D2 58118-3-II Published Opinion.pdf
Jurisdiction
Washington (state)
Source verification
official_capture_completeness_unverified

Full Text

1,717 chars
days if he did not cure the alleged breaches. 15 U.S.C. § 9058(c)(1) expressly states that the

landlord “may not require the tenant to vacate the covered dwelling unit” until 30 days after

notice.

We conclude that the plain language of 15 U.S.C. § 9058(c)(1) requires a landlord to

provide the tenant with a 30-day notice to vacate before requiring the tenant to vacate the

premises. The four 10-day pre-eviction notices that Pendleton Place gave to Asentista did not

meet that 30-day notice requirement. Therefore, we hold that the trial court could not grant relief

in Pendleton Place’s unlawful detainer action, and the writ of restitution order must be vacated

and the unlawful detainer action must be dismissed.

B. ATTORNEY FEES ON APPEAL

Asentista requests attorney fees on appeal under the Residential Landlord-Tenant Act of

1973 (RLTA), chapter 59.18 RCW.

RAP 18.1(a) provides that a party may have a right to recover reasonable attorney fees on

appeal if applicable law grants the prevailing party the right to do so. The RLTA authorizes an

award of attorney fees to the prevailing party. RCW 59.18.290(2). Asentista is the prevailing

party on appeal. He was represented through the King County Bar Association Housing Justice

Project, but the prevailing party can recover attorney fees even if their attorneys provide

representation at no cost. Council House, Inc. v. Hawk, 136 Wn. App. 153, 159, 147 P.3d 1305

(2006). Therefore, we award Asentista his reasonable attorney fees and costs.

10
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 58118-3-II

CONCLUSION

We reverse the trial court’s order directing issuance of a writ of restitution and remand