CARES Act 30-Day Notice: Does It Apply to Your DFW Rental?

Short answer: If your DFW rental is a "covered dwelling" under Section 4024 of the federal CARES Act — because it has a federally backed mortgage (Fannie Mae, Freddie Mac, FHA, VA or USDA) or participates in a federal housing program such as Housing Choice Vouchers or LIHTC — you should give a tenant behind on rent a 30-day notice to vacate, not Texas's standard three-day notice. Texas justice courts treat that notice as part of what the landlord must prove, and a short notice can get a nonpayment case dismissed.

Most Texas landlords know the basic rule: before filing an eviction, you deliver a notice to vacate, and under Texas Property Code §24.005 that notice is generally three days unless the lease sets a different period. But a federal rule from 2020 still sits on top of that state process for a large share of rental homes and apartments in Dallas, Fort Worth, Arlington, Irving, Plano, Garland and across North Texas.

The CARES Act eviction moratorium ended years ago. The 30-day notice requirement did not. Here's what it says, which properties it reaches, what changed in 2025–2026, and how to protect your case.

What the CARES Act 30-Day Notice Rule Says

Section 4024(c) of the CARES Act (15 U.S.C. §9058) says the lessor of a covered dwelling unit may not require the tenant to vacate until 30 days after the lessor provides a notice to vacate. Unlike the 120-day moratorium in the same section, subsection (c) has no expiration date.

The Texas Justice Court Training Center — the organization that trains the justices of the peace who hear evictions — advises that the requirement has never expired, and that for a covered dwelling in a nonpayment case, the landlord must give a 30-day notice to vacate and must prove proper notice to receive a judgment for possession.

Which DFW Rentals Are "Covered Dwellings"?

A unit is generally covered if the property falls into one of these groups:

• Federally backed single-family mortgage (1–4 units): a loan owned or securitized by Fannie Mae or Freddie Mac, or insured or guaranteed by FHA, VA or USDA. Many investor-owned houses, duplexes and fourplexes in Dallas, Fort Worth, Mesquite and Grand Prairie are financed this way — often without the owner realizing the loan was sold to Fannie or Freddie after closing.
• Federally backed multifamily mortgage (5+ units): agency (Fannie Mae, Freddie Mac) or FHA/HUD-insured financing on an apartment community — common across Dallas-Fort Worth's large complexes.
• Federal housing programs: properties participating in programs such as public housing, project-based Section 8, the Housing Choice Voucher program (administered locally by agencies including the Dallas Housing Authority and Fort Worth Housing Solutions), Low-Income Housing Tax Credit (LIHTC) properties, and USDA rural housing programs.

For mixed situations — for example, a market-rate unit in a property that accepts some voucher holders — interpretations differ. If any part of the property touches a federal program or federally backed loan, the safest course is to treat the unit as covered.

Does It Apply to Every Eviction or Only Nonpayment?

Courts across the country have split. Most recent decisions — including the Washington Supreme Court in 2025 — read the 30-day rule as applying to nonpayment-of-rent evictions, and Texas justice court guidance takes the same nonpayment-focused view. Evictions for other lease violations or holdovers at a covered property generally follow the normal Texas notice rules, plus any program-specific rules (for example, HUD lease and voucher requirements).

Because the statute's text isn't expressly limited to nonpayment, some landlords give 30 days on any eviction at a covered property when timing allows. If you're unsure, a longer notice almost never hurts your case; a short one can.

What Changed in 2025–2026 — and What Didn't

• Fannie Mae and Freddie Mac stopped enforcing their own lender-side 30-day notice requirements for multifamily borrowers in 2025. That changed loan-agreement obligations — not the federal statute.
• HUD's 2024 rule requiring 30-day notice for nonpayment in public housing and project-based rental assistance was targeted for revocation in February 2026, but HUD delayed that revocation indefinitely in March 2026 after a legal challenge. Check the current status before relying on a shorter notice at HUD-assisted properties.
• Congress has considered repealing Section 4024 (the Respect State Housing Laws Act, H.R. 1078), which advanced out of the House Financial Services Committee in February 2026. As of this writing it has not become law.
• Texas SB 38, effective January 1, 2026, modernized Chapter 24 eviction procedure but did not override federal notice requirements. See our guide to SB 38 and the 2026 eviction law changes.

Bottom line: for a covered dwelling in a nonpayment case, the 30-day notice is still the safe — and in most Texas courts, expected — practice in 2026.

How to Check Whether Your Property Is Covered

1. Check your mortgage. Fannie Mae and Freddie Mac both offer free online loan look-up tools. FHA, VA and USDA loans are identified in your closing documents and servicer statements. Paid-off properties with no federal program participation are generally not covered.

2. Check program participation. Any HAP contract with a housing authority, LIHTC land-use restriction agreement, or HUD/USDA regulatory agreement means the property is likely covered.

3. Ask your property manager or lender if you bought with financing someone else arranged, or if a loan was assumed or refinanced.

4. Keep the answer in the file. Write down how you confirmed coverage. Some DFW justice courts — including precincts in Dallas County — have used CARES Act affidavit or verification forms, and the judge may ask about coverage at trial.

Serving a 30-Day Notice the Right Way

• Deliver it the same way as any Texas notice to vacate under §24.005 — in person, by mail, posting where permitted, or electronically only if the lease authorizes it. See notice to vacate requirements in Texas.
• Count 30 full days before filing. At least one court has allowed filing before day 30, but most DFW practitioners wait until the notice period has fully run so the case can't be attacked on timing.
• Voucher tenants: under HUD's Housing Choice Voucher rules, the owner must also give the housing authority a copy of any eviction notice given to the tenant.
• Don't mix in self-help. No lockouts, utility shutoffs or removal of property during the notice period.

Our eviction notice service prepares and delivers the correct notice — 3-day or 30-day — based on your property's financing and program status.

What Happens If You Get It Wrong

If a landlord serves a three-day notice at a covered property and files a nonpayment case, the tenant (or legal aid counsel) can raise the defective notice at trial. The usual result is a dismissal or a judgment for the tenant on possession — and the landlord starts over with a new 30-day notice. Between the lost notice period, a new filing, the hearing, the six-day wait after judgment and the writ of possession, one mistake can add five to seven weeks of unpaid rent.

Getting the notice right also matters if the tenant later appeals to county court; a notice defect is one of the first things reviewed.

How NTX Eviction Helps DFW Landlords

We handle the full process for landlords and property managers in Dallas, Tarrant, Collin, Denton and surrounding counties: confirming which notice applies, serving it, filing the eviction and handling the court process, and coordinating the writ with the constable. If you're not sure whether your rental is a CARES Act covered property, ask us before you serve a notice — not after.

Request a consultation or call 214-206-4229 to talk through your property with our team.

This article is for general informational purposes, not legal advice. NTX Eviction is not a law firm. Federal notice rules are subject to ongoing litigation and rulemaking; consult a licensed Texas attorney about a specific property.