30 Day Notice to Vacate (CARES Act)
A 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 under 15 U.S.C. 9058(c).
- ✓30 day deadline computed with the Texas weekend and holiday rule
- ✓Correct federal and Texas citations so the court sees the reason for 30 days
- ✓Declaration of delivery
- ✓Your dates, including the day the writ may first be served under Property Code 24.005(c-1)
Not sure this is the right notice? Answer three questions.
THIRTY DAY NOTICE TO VACATE
Date: October 24, 2026
To: Tenant name(s) and all other occupants
Premises: Street address, unit, city, Texas ZIP
You are hereby notified that rent for the premises described above in the amount of $__________ is past due and unpaid.
Because this dwelling is covered by Section 4024 of the federal CARES Act, you are given thirty (30) days notice. You must pay the full amount of $__________ or vacate and surrender possession of the premises no later than 11:59 p.m. on Monday, November 23, 2026.
If you neither pay in full nor vacate by the deadline, the landlord may file an eviction suit against you in the Justice Court of County, Texas, without further notice.
You may not be evicted for nonpayment of late fees alone.
Given under 15 U.S.C. Section 9058(c) and Texas Property Code Sections 24.005 and 24.0042.
Questions landlords ask
How do I know if my property is covered?
A mortgage owned or insured by Fannie Mae, Freddie Mac, FHA, VA or USDA, or a tenant with a Section 8 voucher, LIHTC unit, or other federal program. Check your mortgage statement or ask your servicer.
Is the CARES Act 30 day rule still in effect?
The Texas Justice Court Training Center says it never expired for covered dwellings. Landlord groups argued it did. No Texas appellate court has ruled, so 30 days is the safe course.
Does 30 days delay my filing?
Not any more. Since January 1, 2026, Property Code 24.005(c-1) lets you file and go to trial on the Texas timeline; only the writ waits for day 30.
Statutes last reviewed 2026-10-24. Sources: SB 38 enrolled text; Texas Supreme Court Misc. Docket 25-9105 (Rule 510); Texas State Law Library.