FAQs

21 posts

Does the first eviciton hearing always get cotinued?

A court rule issued by the Washington Supreme Court continues the first hearing in eviction cases. The rationale of this Supreme Court rule is to foster the tenant’s right to an attorney at no cost. This is very frustrating for landlords, as they are not being paid rent and the process seems to drag on forever, but this Supreme Court rule is binding on local courts.

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 […]