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 under federal law, or if there are Section 8 tenants in any of the units in the rental property–even if not the rental unit at issue in the eviction case, and in various other situations. These situations present unresolved, open legal questions for which there is currently no definitive answer.

The CARES Act is just one example of how nuanced and complex eviction law has become. If you are having issues with a tenant and are considering eviction you are strongly encouraged to consult with an attorney.