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.
Whether the CARES Act applies to cases other than nonpayment, such as nuisance evictions, has been the subject of two Court of Appeals rulings in recent months. 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.
The state Supreme Court has accepted the Division One CARES Act case for review and will ultimately decide the issue.
In the meantime, whether the CARES Act applies beyond nonpayment cases depends on where the rental property is located. If the rental property is in a county in Division Two’s jurisdiction then the CARES Act applies to covered properties in all scenarios. If the rental property is in a county in the jurisdiction of Division One then the CARES Act applies only to nonpayment cases. If the rental property is in a Division Three county it is up to local courts to decide.
The CARES Act applicability issue illustrates how complex and nuanced landlord-tenant law has become. It is best to get legal advice before taking any action, including serving the notice to pay rent or vacate or other initial notices.
