A recent Court of Appeals decision requires a 30-day notice to pay rent or vacate for any residential property with a federally-backed loan (FHA, Fannie Mae, Freddie Mac, etc.). The court was interpreting provisions of the federal CARES Act. Although state law requires only 14 days’ notice to pay rent or vacate, the court held that federal law preempts state law and requires 30 days’ notice if there is a federally-backed loan. The same statute applies to tenancies where the tenant receives Section 8 benefits. If the tenant being evicted is a Section 8 beneficiary, then a 30-day notice to […]
Yearly Archives: 2022
5 posts
The CARES Act covers more than one in four rentals.[1] Contrary to a widely held misconception, provisions of the CARES Act applicable to rentals continue to apply and are not set to ever expire.[2] The CARES Act requires landlords to serve a 30-day notice before a tenant may be required to vacate. The language in the CARES Act does not require the landlord to provide an opportunity to cure. State law requires landlords to serve a 14-day notice to pay rent or vacate. The precise language is mandated by state law and provides that the tenant must either pay the […]
The CARES Act may impose additional requirements for landlords serving notices to terminate a tenancy. If your rental property is covered by the CARES Act you must give at least 30 days’ notice to your tenant for nonpayment of rent. Whether this applies to other types of notices (such as nuisance, for example) is an open legal question with court results varying. The CARES Act is the subject of a pending Washington Court of Appeals case. As the CARES Act is a federal law, it has been and will continue to be litigated in other court systems around the country. […]
The Seattle City Council rejected a proposal to yet again extend the local eviction moratorium. The Seattle eviction moratorium will therefore end February 28. After the moratorium ends Seattle landlords may serve eviction notices based on intent to sell, intent to occupy as a primary residence, nonpayment of rent, and any other legal grounds. Seattle residential landlords should be aware that notices in Seattle must have specific legally-mandated language to be enforceable in court. There are still many hurdles for landlords seeking possession of their property. Tenants have new defenses, including that rent was not paid for COVID-related reasons. Seattle […]
Even though the local Kenmore eviction moratorium has expired landlords must jump through several hurdles to evict a tenant for nonpayment of rent. Kenmore tenants may not be evicted for rent that accrued through 90 days after the expiration of the moratorium if nonpayment was due to COVID. The tenant still owes the rent and the landlord could sue and/or pursue collection efforts, but if the tenant can prove in court that nonpayment was due to COVID the landlord may not evict. The landlord must apply for rental assistance and complete a mandatory Landlord’s Certification affirming under penalty of perjury […]