On January 24, 2025, the Iowa Supreme Court (the “Court”) released their ruling for MIMG CLXXII Retreat on 6th, LLC v. Mackenzie Miller and Parties in Possession. In addressing this Landlord-Tenant dispute, the Court ruled that the CARES Act, particularly the 30 day Notice provision in CARES Act § 4024(c)(1), should not apply to any claims arising after the original 120 day moratorium, and as such, the requirement to provide a 30 day Notice to Vacate has been eliminated from eviction cases in Iowa courts. This ruling marks a major victory for landlords of CARES-covered properties in Iowa, and dissimilar to Courts in other states including Virginia, the Iowa Supreme Court has ruled that CARES Act § 4024(c)(1), though once applicable, is no longer in effect and therefore is irrelevant to current eviction proceedings.
Time will tell whether other states adopt a similar approach. Currently, Iowa is the first and only state to rule that CARES Act § 4024(c)(1) does not apply. In the interim, the applicability of CARES Act § 4024(c)(1) remains an open question for determination in the Courts of other jurisdictions (Note – no Courts in GA, NC or SC have yet weighed in). However, the Iowa Supreme Court has potentially fast-tracked this issue to receive certiorari by the United States Supreme Court at some point in the near future.
To Learn more about the CARES ACT and how it applies to your state, click here: https://loebsackbrownlee.com/cares-act/