The CARES Act 30-Day Notice to Vacate: Is It Still Required?
The CARES Act 30-day notice to vacate still applies to properties with federally backed mortgages or federal assistance. Which properties are covered, and why.
By Seayora Editorial Team · Published · Facts checked · 3 min read
Short answer: Yes, for covered properties. Section 4024(c) of the CARES Act requires a landlord of a covered dwelling to give at least 30 days’ notice to vacate before requiring a tenant to leave, and courts have held it is still in effect. Covered properties include those with a federally backed mortgage, such as one owned or guaranteed by Fannie Mae, Freddie Mac, FHA, VA or USDA, and those in federal housing programs.
Key takeaways
- The 120-day eviction moratorium expired in 2020; the 30-day notice requirement did not.
- It applies to covered properties, which turns on the mortgage and any federal program.
- HUD’s separate 2024 rule for public housing and project-based Section 8 remained in effect in October 2026 after HUD delayed its own revocation.
- Your state’s shorter notice period does not override the federal 30 days for a covered property.
What does the CARES Act require?
Section 4024(c) of the CARES Act says the lessor of a covered dwelling “may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor provides the tenant with a notice to vacate” (15 U.S.C. § 9058(c)). The section also contained a 120-day moratorium on eviction filings that ended in July 2020, but the notice requirement has no end date.
Is it still in effect?
Courts that have considered it, including the Colorado Supreme Court and Washington’s Court of Appeals, have held the 30-day requirement is not time-limited, and the Congressional Research Service reported in 2026 that it “remains in effect” (CRS R48955). HUD’s December 2024 final rule says the same thing about covered properties (89 FR 101270).
Which properties are covered?
A dwelling is covered if the property participates in a covered housing program under the Violence Against Women Act or the rural housing voucher program, or has a federally backed mortgage loan or federally backed multifamily mortgage loan (15 U.S.C. § 9058(a)). In practice that means:
- Properties with a mortgage owned, insured or guaranteed by Fannie Mae, Freddie Mac, FHA, VA or USDA, including many one-to-four-unit homes.
- Public housing, project-based Section 8 and other HUD-assisted properties.
- Units rented to Housing Choice Voucher holders and Low-Income Housing Tax Credit properties, which are covered housing programs under VAWA.
Fannie Mae and Freddie Mac both publish look-up tools for whether they own a loan, and an owner who is unsure should assume a covered property until confirmed otherwise.
How does this differ from HUD’s 30-day rule?
HUD’s December 2024 rule separately requires public housing agencies and owners of project-based rental assistance properties to give 30 days’ written notice before filing an eviction for nonpayment, with specific information about how to cure. On February 26, 2026 HUD issued an interim final rule to revoke it (91 FR 9449), then on March 13, 2026 delayed that revocation indefinitely until it issues a final rule (91 FR 12301). As of October 2026 no final rule had been published, so the 2024 rule still applies to those programs. Revoking it would not affect the CARES Act requirement.
| CARES Act § 4024(c) | HUD 2024 rule | |
|---|---|---|
| Applies to | Covered dwellings: federally backed mortgages and covered housing programs | Public housing and project-based rental assistance |
| Requirement | 30 days’ notice to vacate before the tenant must leave | 30 days’ written notice before filing for nonpayment, with cure information |
| Status in October 2026 | In effect; no end date in the statute | In effect; HUD’s revocation was delayed indefinitely on March 13, 2026 |
How does this fit with state notice periods?
Most states set a much shorter nonpayment notice, often three to fourteen days; see notice before an eviction for unpaid rent. For a covered property the federal 30-day minimum applies even where state law allows less. Many landlords give the state notice and the federal notice together and wait for the longer period to run.
Frequently asked questions
Does the CARES Act notice apply to my single-family rental?
It does if the property has a federally backed mortgage, which includes loans owned or guaranteed by Fannie Mae, Freddie Mac, FHA, VA or USDA, or if the tenant uses a Housing Choice Voucher.
Does the 30-day notice apply only to nonpayment?
The statute’s notice-to-vacate requirement is not limited to nonpayment cases, and courts have applied it broadly. Get advice before using a shorter notice on a covered property.
Did HUD end the 30-day notice in 2026?
HUD tried to revoke its separate 2024 rule for public housing and project-based Section 8, then delayed that revocation indefinitely. The CARES Act requirement is in a statute and was not affected.
State-by-state rules
- How much notice must a landlord give to end a tenancy? — compared across 47 states and the District of Columbia
- What are the steps to evict a tenant for unpaid rent? — compared across 21 states and the District of Columbia
Sources
- 15 U.S.C. § 9058, Temporary moratorium on eviction filings, Legal Information Institute
- CARES Act Eviction Notice Requirements: Background and Recent Developments (R48955), Congressional Research Service
- 30-Day Notification Requirement Prior To Termination of Lease for Nonpayment of Rent, 89 FR 101270 (Dec. 13, 2024), Federal Register
- Revocation of the 30-Day Notification Requirement, 91 FR 9449 (Feb. 26, 2026), Federal Register
- Revocation of the 30-Day Notification Requirement; Indefinite Delay of Effective Date, 91 FR 12301 (Mar. 13, 2026), Federal Register
How Seayora helps
Eviction navigator: Lays out each step for the property’s state with its citation, and flags what would make a case fail before you file.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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