Alameda County Judge Rules in Favor of Landlords on CARES Act Notice Requirements

Alameda County, California – In a significant legal victory for property owners, a judge in Alameda County has ruled that the federal CARES Act requires landlords to provide tenants with a 30-day notice to vacate before eviction proceedings, but does not necessitate a 30-day period for tenants to cure nonpayment of rent.

The case, argued by PKS Law Group, P.C., centered on the interpretation of Section 4024 of the CARES Act, enacted at the onset of the COVID-19 pandemic. This section prohibits landlords from requiring tenants to vacate before 30 days after issuing a notice to vacate. The language of the Act, however, led to disputes about whether this 30-day notice also included a period for tenants to cure violations such as nonpayment of rent.

Previously, the Washington State Court of Appeals interpreted the CARES Act as requiring landlords to give tenants 30 days to either cure their violation or quit possession of the premises. Tenant advocates in California argued that this interpretation should apply within the state, thus demanding landlords to provide a 30-day cure period.

PKS Law Group, P.C. contended that the CARES Act’s plain language only mandates a 30-day notice to vacate and does not extend to a 30-day period for curing rent violations. The Alameda County Court agreed with our interpretation, stating:

“Section 9058(c)(1) clearly requires that a landlord provide a tenant with a thirty-day notice to vacate the premises prior to instituting an unlawful detainer action. The statute is silent as to whether the notice to vacate also requires a landlord to give a tenant thirty days to cure the nonpayment of rent.”

This ruling aligns with the statutory construction principle, focusing on the plain and unambiguous language of the statute. The Court further referenced the context in which the CARES Act was enacted, affirming that Congress intended the 30-day notice solely for vacating the premises in failure-to-pay-rent cases.

The decision underscores the legal framework established by the CARES Act, offering clarity for landlords navigating post-pandemic eviction protocols. While tenant advocates may seek broader interpretations, this ruling reinforces landlords’ rights to proceed with eviction after a 30-day notice without an additional cure period.

PKS Law Group, P.C. is proud to have represented the interests of property owners in this pivotal case, ensuring a balanced application of the CARES Act that respects both tenant protections and landlord rights.

NOTE: This article is for informational purposes only and should not be construed as legal advice. For legal advice please contact an experienced attorney. For questions related to this article please reach out to the PKS Law Group, P.C. at