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

Tue Dec 13 14:46:42 PST 2022

Ha ha, Kaitlyn.

I am so glad I am not alone.

Athena Makratzakis Dickerson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, December 13, 2022 2:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] CARES Act: 30 Day Notice to Pay Rent or Vacate

What I took from this opinion is sadly not helpful for this listserv but keeps my therapist steadily employed.

Kaitlyn

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On Tue, Dec 13, 2022 at 2:37 PM Athena Dickerson <athena at detsparlaw.com<mailto:athena at detsparlaw.com>> wrote:
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
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
REICH DICKERSON PLLC<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,bLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg,,&typo=1>
100 Second Avenue South, Suite 190  I  Edmonds, WA 98020
P  425.776.1352  I  F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>

This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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
8 Boston Street, Suite 2
Seattle, Washington, 98109
(206) 627-0528
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