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

Tue Dec 13 20:59:02 PST 2022

Paul -

Creative idea - however, I don't think the 30 day CARES Act notice has the
"just cause" grounds that would be necessary under state (and probably
local) law required to terminate.

KJ

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On Tue, Dec 13, 2022 at 5:22 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Without given advice, it seems the court is saying that the 14-day notice
> ended earlier than the 30-day notice so it was confusing to the tenant.
> So, wouldn’t the answer be that LL should serve the cares act 30-day notice
> and then serve the 14-day notice 16 days later so the end of the 30-day
> notice coincides with the end of the 14-day notice?
>
>
>
>
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Athena Dickerson
> *Sent:* Tuesday, December 13, 2022 3:08 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] CARES Act: 30 Day Notice to Pay Rent or Vacate
>
>
>
> This problem has arisen for me too, Maxwell
>
>
>
> I wasn't planning on making my 3 and 10 days into 30 days but maybe just
> leaving cares notice language and praying for the best.    Who knows.  Most
> days it feels like whack a mole trying to figure it all out
>
>
>
>
>
>
>
> Sent from my T-Mobile 5G Device
>
>
>
>
>
>
>
> -------- Original message --------
>
> From: Maxwell Glasson <max at glassonlegal.com>
>
> Date: 12/13/22 2:51 PM (GMT-08:00)
>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>
> Subject: Re: [WSBARP] CARES Act: 30 Day Notice to Pay Rent or Vacate
>
>
>
> Clear as mud.
>
>
>
> Tenant’s counsel has been arguing that the 30-days applies to ALL notices,
> not just nonpayment.  As 15 U.S.C. § 9058(c) only states “notice to vacate”
> and does not reference nonpayment.  However, the whole overarching statute
> apples to nonpayment cases.  This is a mess.
>
>
>
> My view is to change the 14-day notice to a 30-day notice if it is a
> “covered property”.
>
>
>
> The real test will be to see how the courts interpret this for 10-Day and
> Three-Day notices.
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC*
>
> 8 Boston Street, Suite 2
>
> Seattle, Washington, 98109
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> (206) 627-0528
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> max at glassonlegal.com
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Athena Dickerson
> *Sent:* Tuesday, December 13, 2022 2:34 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] CARES Act: 30 Day Notice to Pay Rent or Vacate
>
>
>
> 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
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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*
>
> 8 Boston Street, Suite 2
>
> Seattle, Washington, 98109
>
> (206) 627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
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>
> *WA# 51948  NV# 13339  CA# 292356*
>
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