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Understanding CARES Act Notices and Serving Requirements: A Guide for Landlords

COVID-19 brought about several changes in the United States, including the introduction of the CARES Act, which aimed to provide relief to renters affected by the crisis. Although the pandemic is now over, the CARES Act remains in effect, requiring landlords and Utah property management companies to follow specific guidelines when serving 3-day pay or vacate notices. Below is some important information for serving CARES Act notices correctly in Utah:

Am I required to post a CARES Act Notices?

If your property falls under the jurisdiction of the CARES Act, which in it’s most basic terms means that you have a federally backed mortgage or participate in any government assistance programs, it is essential to adhere to its guidelines. In conjunction with a regular 3-day pay or vacate notice, you must also serve a 30-day CARES Act notice. Best practice is to serve the 30-day CARES Act notice once the 3-day notice period has expired and you have verified that the tenant is still occupying the unit.

If your property is not covered by the CARES Act, you should not be required to serve the 30-day notice in order to pursue an eviction. This distinction is crucial, as it helps landlords in Utah understand the specific requirements that apply to their situation.

In what situations would a CARES Act Notice need to be served?

The 30-day CARES Act notice should not be served alongside end-of-term or nuisance notices, but only with 3-day pay or vacate notices. Additionally, if you need to re-serve a pay or vacate notice for any reason, you must serve a new 30-day CARES Act notice as well. While it may be frustrating to continue dealing with COVID-related laws even though the pandemic has ended, it is crucial to comply with the current regulations until any changes are made.

Will the CARES Act be amended?

Recognizing the challenges posed by ongoing compliance with the CARES Act, the National Apartment Association is actively working to repeal the legislation. However, until this federal law is revised or removed, Utah landlords are advised to continue following the procedures and serving the necessary notices.

Want help navigating through the proper process for posting a 30-day CARES Act notice? Consider hiring a property management company!

If you do not want to deal with the stress of posting the 30-day CARES Act notice correctly, consult with a Utah property management company, like Wolfnest. With the right approach, partnering with the right property management company will provide financial benefits and peace of mind.

If you're looking for a trusted and reputable Utah property management company, get in touch with us immediately to learn more about our offerings and find out why Wolfnest is the best option for your needs.

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