Mimg Clxxii Retreat on 6th, LLC v. MacKenzie Miller and Parties in Possession (Iowa 2025)

Summary

The court held that the CARES Act's thirty-day notice requirement applies only to rent defaults arising during the Act's 120-day eviction moratorium, not to all later defaults involving covered dwellings. Reading the notice provision together with the surrounding provisions, and applying the presumption against federal preemption of traditional landlord-tenant law, the court concluded that the provision did not permanently displace Iowa's three-day notice rules. The court therefore reversed and remanded.

Holding

Scope of the CARES Act notice provision. The thirty-day notice requirement applies only to rent defaults that arose during the 120-day moratorium described in the neighboring moratorium provisions; it is not a permanent requirement applicable to every default at any time.

Preemption of Iowa's three-day notice rules. The CARES Act did not preempt Iowa's three-day notice requirements for the tenant's postmoratorium rent default because the federal thirty-day notice provision did not apply to that default.

Summary

Holding

Cited authorities