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Rule 9.2 Special Pleading Requirements in Residential Eviction Proceedings

III. Pleadings and Motions

(a) Applicability. This rule applies to all actions for eviction of a tenant of residential housing based solely or in part on nonpayment of rent.

(b) Notice of Termination of Residential Tenancy.

(1) A complaint in an action to which this rule applies must contain or be accompanied by a declaration showing either compliance with the 30-day notice requirement of the CARES Act, 15 U.S.C. § 9058(c), or that the dwelling from which the plaintiff seeks to evict the tenant is not located on or in a “covered property” as defined in the CARES Act, 15 U.S.C. § 9058(a)(2).

(2) The declaration must be in the form approved by the State Court Administrator and published on the Judiciary website.

(3) The court may dismiss a case filed without the declaration.

Amendment history: Adopted Sept. 13, 2022, eff. Oct. 1, 2022; amended Feb. 5, 2024, eff. July 1, 2024; made permanent June 2, 2025, eff. Oct. 1, 2025.