The CARES Act requires thirty days’ notice for nonpayment eviction for rental properties covered by this law. Covered properties include Section 8 tenants, properties with federally-backed mortgages (FHA, Fannie Mae, Freddie Mac, etc.), and may apply in other situations.
The state Supreme Court has ruled that the CARES Act applies only to nonpayment of rent evictions, and not evictions based on other grounds. Previously, the issue of whether the CARES Act applied beyond nonpayment had been the subject of two Court of Appeals rulings. Division Two of the Washington Court of Appeals ruled that the CARES Act applies to covered properties for all eviction cases, regardless of grounds. Meanwhile, Division One ruled just the opposite and held that the CARES Act applies only to nonpayment cases and does not apply in other situations.
Although the Supreme Court has settled this specific legal question, the issue’s long and complicated litigation history illustrates how complex and nuanced landlord-tenant law has become. It is best to get legal advice before taking any action, including serving a notice to pay rent or vacate, or other initial notices.
