MIMG LXXIV Colonial v. Ellis, 6 N.W.3d 799

TajReAna Ellis leased an apartment from MIMG LXXIV Colonial, LLC (Colonial) beginning August 2022.
Ellis defaulted on rent, and Colonial delivered her a 7-day notice to pay or vacate, pursuant to Nebraska’s Uniform Residential Landlord and Tenant Act (URLTA).
Ellis argued in court that the federal CARES Act required a 30-day notice, not 7 days, in eviction proceedings for certain covered properties.
The county court ruled for Colonial, but the district court on appeal found for Ellis, holding the CARES Act’s 30-day notice applied.
Colonial appealed to the Nebraska Supreme Court; during the appeal, Ellis’ lease expired and she vacated the premises.
The Nebraska Supreme Court found the case moot since Ellis was no longer in the property and dismissed the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Required Notice for Eviction	CARES Act preempts state law and requires 30-day notice	URLTA’s 7-day notice applies; CARES Act does not impose a permanent 30-day notice	Moot; issue not reached
Mootness	Not moot; seeks guidance/costs	Not moot; seeks relief or guidance	Case is moot; no relief possible
Public Interest Exception	Court should adjudicate for guidance; broad impact	Should decide for authoritative guidance	Exception not met; no review
Collateral Consequences	Negative reputational impact on landlord	Not applicable; no such impact	Not extended outside criminal law

NP Dodge Mgmt. Co. v. Holcomb, 314 Neb. 748 (public interest and mootness in eviction appeals)
Arvada Village Gardens LP v. Garate, 529 P.3d 105 (Colo. 2023) (interpreting CARES Act as requiring 30-day notice for certain evictions)
Gregory v. Ashcroft, 501 U.S. 452 (federalism canon: federal statutes require clear statement to preempt state authority)
Bond v. United States, 572 U.S. 844 (reaffirming federalism canon in statutory interpretation)
Alabama Ass’n of Realtors v. Dept. of Health and Human Servs., 594 U.S. 758 (landlord-tenant law is state law)