[WSBARP] CARES Act: 30 Day Notice to Pay Rent or Vacate

[Maxwell Glasson]

Hello Listserv,

In case you have not heard yet, the Washington Court of Appeals held last week that the federal CARES Act's 30-Day notice requirement for residential pay-or-vacate notices must be complied with if the property is a "covered dwelling" defined in 15 U.S.C. § 9058.  This includes properties receiving federal subsidies or properties with mortgages insured by Fannie Mae or Freddie Mac.

The opinion is attached.  If you do any residential unlawful detainer actions, you may want to check with your clients regarding their mortgages prior to serving a notice.  Tenant's counsel are aware and have started using this as a defense, so it may be prudent to prepare to rebut this.

Regards,

Maxwell B. Glasson
Glasson Legal, PLLC
8 Boston Street, Suite 2
Seattle, Washington, 98109
(206) 627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<http://www.glassonlegal.com/>
WA# 51948  NV# 13339  CA# 292356
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221213/c6740b65/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: -_841190_-_DI_Court_Secured_-_Opinion_-_Published_-_12-5-2022_-_Dwyer__Stephen_-_Majority.pdf
Type: application/pdf
Size: 166208 bytes
Desc: -_841190_-_DI_Court_Secured_-_Opinion_-_Published_-_12-5-2022_-_Dwyer__Stephen_-_Majority.pdf
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221213/c6740b65/-_841190_-_DI_Court_Secured_-_Opinion_-_Published_-_12-5-2022_-_Dwyer__Stephen_-_Majority.pdf>