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That state law requires landlords to take specific steps prior to taking legal action against a tenant for non-payment of rent?
• No action make be taken until the county where the rental property is located can attest that the county has a functioning rental assistance program and eviction resolution program.
• If county has not yet attested, a landlord may serve the tenant with a pay or vacate notice ONLY IF the following conditions are met.
o The notice is only for rent due beginning in August 2021 and does not include other past due rent.
o The tenant did not pay the full or negotiated rental rate.
o The tenant does not have a pending rental assistance application.
o Service of notice must comply with all state laws including concurrent service of notice as required by the Eviction Resolution Program (ERP).
• After the county has attested, service of 14-day pay or vacate for rent arrears is permitted if following conditions are met:
o The tenant does not have a pending rental assistance application.
o Service of notice must comply with all state laws including concurrent service of Eviction Resolution Program (ERP) notice.
We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
