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 […]
CARES Act
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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. […]