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

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.