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

[Athena Dickerson]

Thanks for posting, I saw this case come out, read it and after reading it 10 times decided it's not the clearest opinion IMHO.

Has anyone else changed the way they do their forms as a result and incorporated this 30 day requirement into the 14 day itself (effectively making it a 30 day notice to pay or vacate) instead of 2 notices? Curious what others are taking from this opinion

Athena Makratzakis Dickerson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Maxwell Glasson
Sent: Tuesday, December 13, 2022 1:32 PM
To: WSBA Real Property Listserv (Other) <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] CARES Act: 30 Day Notice to Pay Rent or Vacate

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
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Seattle, Washington, 98109
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