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

The case, argued by our firm, 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 to vacate requirement also included a period for tenants to cure violations such as nonpayment of rent.

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

Our firm 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.

Our firm 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.

PKS Law Group, P.C. Welcomes Leah Harris as Newest Associate Attorney

PKS Law Group, P.C. is proud to announce the newest addition to its legal team, Leah Harris. With a diverse background and a commitment to excellence, Leah brings a wealth of academic and practical experience to her role as an associate attorney at the PKS Law Group.

Leah’s journey in the legal profession began with a solid foundation in academia. She graduated with a Bachelor of Science in Business Management and a minor in Community Studies from Humphreys University in 2019. Continuing her academic pursuits, Leah earned her Juris Doctor from Florida A&M University College of Law in 2022. During her time at Florida A&M, she distinguished herself as the treasurer for the National Lawyers Guild and became a certified mediator in the State of Florida.

Throughout her legal education, Leah sought opportunities to immerse herself in real-world legal practice. She interned at the East Bay Community Law Center in Berkeley, CA, where she gained valuable insights into public interest law. This experience laid the groundwork for her subsequent career in the legal field.

After being admitted to the California State Bar in December 2023, Leah further honed her skills as a law clerk at Whittington Law Firm in Vallejo, CA. There, she gained practical experience in civil litigation, including preparing documentation for legal proceedings, conducting interviews with clients and witnesses, and drafting motions, mediation briefs, and demand letters.

In recognition of her dedication and competence, Leah was admitted to the United States District Court for the Central District of California in 2024. Since March of the same year, she has been an integral part of the PKS Law team, contributing her expertise to a wide range of legal matters.

Beyond her professional achievements, Leah is known for her passion for various leisure activities, including reading, traveling, exploring new eateries, and spending quality time with her loved ones.

Leah Harris’s addition to the PKS Law team further solidifies the firm’s commitment to providing exceptional legal services to its clients.

Exploring 2023 Fair Housing Trends at the AppFolio Customer Conference

At the heart of the real estate industry lies the intricate web of fair housing laws, regulations, and evolving trends. In an ever-changing landscape, staying informed is not just advantageous; it’s essential. This sentiment was echoed at the prestigious 2023 AppFolio Customer Conference held in Santa Barbara on September 21, 2023, where Puneet Singh, Managing Partner of PKS Law Group, P.C., delivered an enlightening presentation on the latest fair housing trends shaping the industry.

With a wealth of experience and a keen understanding of the intricacies of fair housing laws, Puneet Singh captivated the audience with her insightful analysis and expert guidance. Her presentation was meticulously crafted to provide invaluable insights tailored specifically for property owners, management companies, and landlords navigating the complex terrain of fair housing compliance.

One of the key takeaways from Puneet Singh’s presentation was the importance of staying abreast of the latest developments in fair housing laws. As legislation continues to evolve, property owners and management companies must remain vigilant to ensure compliance and mitigate potential risks. Puneet emphasized the need for proactive measures, such as regular training and robust policies, to safeguard against discrimination and ensure equal housing opportunities for all.

Furthermore, Puneet shed light on emerging trends in fair housing enforcement and litigation, highlighting potential areas of concern for property owners and management companies. From reasonable accommodation requests to disparate impact analysis, her presentation addressed critical issues facing the industry and provided practical strategies for navigating them effectively.

Moreover, Puneet Singh’s deep understanding of fair housing regulations enabled her to offer valuable insights into best practices for promoting diversity, equity, and inclusion within the rental housing market. By fostering an inclusive environment and embracing diversity, property owners and management companies can not only comply with fair housing laws but also enhance their reputation and foster positive relationships with tenants and communities.

In conclusion, Puneet Singh’s presentation at the 2023 AppFolio Customer Conference was a testament to her experience and leadership in the field of fair housing law. Her insightful analysis and practical guidance have undoubtedly equipped property owners, management companies, and landlords with the knowledge and tools necessary to navigate the ever-evolving landscape of fair housing compliance. As we look to the future, PKS Law Group, P.C., remains committed to empowering our clients with the resources they need to succeed in an increasingly complex regulatory environment.

Stay tuned for more updates, insights, and expert perspectives from PKS Law Group, PC – your trusted partner in fair housing compliance and beyond.