Important Update About Serving an Eviction Notice with a CARES Act Notice

LandlordSolutions' attorney recommends all property managers NOT to include a CARES Act notice when serving an eviction notice.

A Seattle court has dismissed an eviction case because a 30-day CARES Act notice was included when serving a 30-day notice to Pay-or-Vacate. According to the ruling, a slight difference in wording on the notices was "confusing." This latest dismissal follows a trend of reversals in the Seattle court system that have left King County housing providers “confused” on how to comply with the constantly changing laws.

Effective immediately, LandlordSolutions' attorney recommends NOT to include a CARES Act notice when serving an eviction notice. Doing so may be grounds for your eviction case to get dismissed.

As a reminder, if you have a tenancy that is covered under VAWA (Violence Against Women Act), you are required to give the VAWA language and to attach HUD forms 5380 and 5382 when you serve an eviction notice.

If the lease violation(s) detailed herein is/are the result of domestic violence, dating violence, sexual assault or stalking, we want to ensure that you understand your protections under the Violence Against Women Act (VAWA). VAWA protections are not only available to women but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. HUD’s Notices under VAWA are attached to this notice. If this is applicable to you and you wish to exercise your rights under VAWA, you may do so by completing and submitting the Certification for (or other form of Alternate Documentation as specified in the Notice and Certification), so it is received in the management office no later than 14 business days from the date of your receipt of this notice.