One of the most critical pieces of legislation passed in response to the crisis was the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law on March 27, 2020. While the CARES Act includes various provisions to provide financial relief, the Act also provided protection to renters facing eviction during the pandemic.
While the nationwide eviction moratorium officially ended in 2021, the provision requiring a 30-day notice requirement remains in effect in certain cases.
What is the 30-Day Notice Requirement?
The CARES Act provides that a landlord who owns property covered by the Act (including those with federally backed mortgages) “may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the [landlord] provides the tenant with a notice to vacate…and may not issue a notice to vacate…until after the expiration of the [30 day period]…. ” Several courts have found that the Act requires that the landlord must provide at least 30 days’ notice before filing an eviction action in court.
The 30-day notice requirement applies to landlords of properties with federal government-backed mortgages, which include loans insured by the Federal Housing Administration (FHA), loans guaranteed by the Department of Veterans Affairs (VA), or loans issued through the USDA Rural Development program. Additionally, properties receiving federal rental assistance (like Section 8 housing) are also covered by this provision.
For landlords, the 30-day notice requirement may seem like an inconvenience, but it was part of the broader effort to offer stability during uncertain times. If you own a property with a federally backed mortgage or a property receiving federal assistance, the CARES Act mandates that you follow the 30-day notice rule.