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

Wed Dec 14 11:04:07 PST 2022

OK, OK, good catch.  The argument is that the 30-day notice is ineffective at the time it was given because there still has to be good cause under WA law.  So, is the end result that for covered property, all notices (including 3-day notices for waste, 10-day notices for breach of a non-monetary breach, and a twenty-day notice for the roommate cause) must give a 30-day time frame.  The drafting suggestion for notices for covered property would be to cite the proper RC 59.18.650 exception but DON’T call it a “3-day Notice” etc, because this case says it’s confusing to the tenant.

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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 8:59 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] CARES Act: 30 Day Notice to Pay Rent or Vacate

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<mailto: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?

[cid:image001.jpg at 01D90FA5.68835C00]

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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 Athena Dickerson
Sent: Tuesday, December 13, 2022 3:08 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:max at glassonlegal.com>>
Date: 12/13/22 2:51 PM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
(206) 627-0528
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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 Athena Dickerson
Sent: Tuesday, December 13, 2022 2:34 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
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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
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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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