FAQ Category: homepage

11 posts

Why does the CARES Act have anything to do with my tenant who does not pay the rent (or otherwise breaches the rental agreement)?

The federal CARES Act requires a 30-day notice to vacate for covered properties for nonpayment of rent. Whether this applies in other situations is an open legal question. Also not yet clarified by court rulings is under which circumstances a rental property is a “covered property” under the CARES Act. At a minimum, the CARES Act will apply if the property has a federally-backed loan (Fannie Mae, FHA, Freddie Mac, etc) or if the rental unit has a Section 8 tenant. Tenant attorneys may also argue that the CARES Act applies if the landlord has ever had a mortgage forbearance […]

Where can I get a form for notice of intent to sell or notice of intent to occupy?

While there are forms on our website and from other sources, evictions are complicated and these forms will not be legally effective in all local jurisdictions. Local law may require longer notice periods than state law and/or require specific additional mandatory language. Some local jurisdictions have mandatory eviction notice forms that landlords must use. Even in locations with no local landlord-tenant laws eviction law is far more nuanced than in the past. Landlords are strongly encouraged to retain an attorney, including for the initial notices.

My tenant has an unexpired lease. Can I serve a notice of intent to sell or to occupy the rental property?

Yes, but you will have to give the greater of 90 days or through the end of the lease terms as the date of termination of the tenancy. An owner can sell or move into their property, but if a tenant has an unexpired lease the owner cannot insist the tenant vacate early. The tenant has a contract through the end of the lease term and does not have to vacate until the end of the term. The owner would have to sell with the tenant in the property unless the parties reach a mutual early termination agreement.

Does the exact language in the eviction notices matter? Will the judge really throw out my eviction case, even though the tenant owes me money, if I use the wrong form?

Yes, the language matters and the court may dismiss your eviction case on procedural grounds–no matter how deserving on the merits–if the language is wrong. Some documents, such as the 14-day notice, must be in the exact verbiage required by statute. In some local jurisdictions additional specific language must be in the notice and/or additional documents must be served with it. There are some multi-state websites that show up in Google results with form generators that create notice forms that will not hold up in Washington courts. We do not post forms for every situation or jurisdiction because the new […]

I have no written rental agreement. Do I still have to go through the eviction process? Do the new laws apply to me?

It makes no difference whether the agreement was reduced to writing, or was only an oral agreement. If someone is paying you (or is supposed to pay you) to live in your property, you are a landlord and they are a tenant. All the eviction and landlord-tenant laws apply. Ironically, it some situations it may be faster to evict a tenant than someone who lives in your property without an obligation to pay.

Does Federal Way have a ‘good cause’ eviction law?

Yes. Federal Way has a good cause eviction law that limits a residential landlord’s right to evict a tenant to certain enumerated grounds. Some causes, such as the landlord’s intent to move into the property, require 120 days’ notice (even though state law only requires 90 days’ notice). Specific additional language is required in notices issued in Federal Way. Be sure to use our Federal Way-specific forms.