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Late rent & pay or quit

Does the CARES Act 30-day notice to vacate still apply?

Updated · By the Landlord Notice Mail team

Yes for covered properties: the notice section of the CARES Act (15 U.S.C. 9058(c)) has no end date in its text and says a landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. Covered properties include those in federal housing programs and those with a federally backed mortgage.

The 120-day eviction moratorium in the same section ended in 2020, but the 30-day notice rule stayed in the statute. Courts and HUD have applied it to nonpayment cases at covered properties; ask local counsel how your court treats it.

Is my property covered?
PropertyCovered by 9058?
Public housing, Section 8 vouchers or project-based Section 8Yes (federal housing program)
Rural housing (USDA) and other listed federal programsYes
Mortgage owned or backed by Fannie Mae, Freddie Mac, FHA, VA or USDAYes (federally backed mortgage loan)
Privately financed, no federal programNo, state notice rules only

How to comply in practice

  1. Check whether your loan is owned or backed by Fannie Mae or Freddie Mac (both offer public loan lookups) or insured by FHA, VA or USDA, and whether any tenant has a voucher.
  2. If covered, give a written notice to vacate that allows at least 30 days.
  3. Also follow your state's notice rules (days, wording, delivery). Many landlords serve the state notice and the 30-day notice together.
  4. Keep proof of delivery: certified mail with return receipt, plus any delivery method the state requires.

Quick answers

Does the 30-day notice apply to lease violations too?

The statute's text is not limited to nonpayment, but courts differ. Ask a local attorney before relying on a shorter state notice at a covered property.

Can I send the 30-day notice by mail?

The federal statute does not set a delivery method, so follow your state's service rules and keep proof.

Does the 30-day notice replace my state's pay-or-quit notice?

No. It is an extra requirement on top of state law.

What to do next

Send the 30-day notice by Certified Mail with return receipt for $17.99, or include it in your 5 monthly certified notices on the $29 Landlord plan.

Send a certified notice

Sources

Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.