Recent Changes to the Law 

CARES ACT

 

The CARES Act is a federal law that passed in 2020 creating a temporary nationwide eviction moratorium. Although many of the provisions and protections of the CARES Act expired in 2020, the notice requirements are still in effect.

 

 

Is your property subject to the CARES Act?

 

If your property is secured by a Federally backed mortgage loan under the CARES Act or participates in various federal housing subsidy programs such as the Section 8 Housing Choice Voucher Program, then it is subject to the CARES Act.

 

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What does that mean in terms of evictions?

 

If your property is subject to the CARES Act, then the non-payment notice must be 3-days to Pay; or 30-days to Quit.

 

 

What is the recent Washington State Law that could affect CARES Act notices in California?

 

A recent decision by a Washington State Court of Appeals interpreted the CARES Act as requiring landlords to provide tenants a 30-day notice to BOTH cure their violation or quit possession of the premises. Although California courts have not made any recent decisions requiring a non-payment notice to provide 30-days to pay and 30-days to quit, it is recommended that you use a 30/30 day notice if your property is subject to the CARES Act.