The CARES Act 30 day notice in Texas
A Texas property with a federally backed mortgage or a federal housing subsidy is a CARES Act covered dwelling and needs 30 days notice to vacate for nonpayment.
Covered dwellings
The rule is 15 U.S.C. 9058(c). It applies to nonpayment cases only.
- Mortgage owned, insured or guaranteed by Fannie Mae, Freddie Mac, FHA, VA or USDA
- Tenant with a Housing Choice (Section 8) voucher
- Low Income Housing Tax Credit property
- Any other federal housing program listed in the Violence Against Women Act
Is it still in effect?
The Texas Justice Court Training Center's position is that the 30 day requirement never expired for covered dwellings. The Texas Apartment Association argued in 2021 that it did. No Texas appellate court has ruled. Until one does, 30 days is the safe course for a covered property, and many justice courts ask.
What changed in 2026
New Property Code 24.005(c-1): a federal 30 day notice no longer delays filing or trial in Texas. You may file after the Texas period and go to trial on the Rule 510 timeline, but the writ of possession cannot be served until 30 days after the notice was delivered.
Questions landlords ask
How do I know if my loan is federally backed?
Check your mortgage statement or servicer. Fannie Mae and Freddie Mac have loan lookup tools on their websites.
Does the CARES Act apply to a lease violation eviction?
No. The 30 day rule covers nonpayment of rent and other fees only.
Do I still have to give a notice to pay rent or vacate?
Yes if the tenant was never late before. Give a 30 day notice to pay rent or vacate to satisfy both rules.
Sources
- SB 38 enrolled text (Acts 2025, 89th Leg., ch. 960)
- Texas Justice Court Training Center, Fundamentals of Residential Eviction Cases
- Texas Apartment Association, SB 38 summary (November 2025)
- Texas State Law Library, The Eviction Process
Related
Texas Notice provides forms and information. These forms and this website are not a substitute for the advice of an attorney.