R48955 — CARES Act Eviction Notice Requirements: Background and Recent Developments

The COVID-19 pandemic disrupted business operations nationwide, leading to dramatic job losses that threatened the ability of many to meet their financial obligations, including housing rental payments. It brought attention to the risks posed by potential increased evictions and tenant displacement, which could further the spread of the virus and cause economic hardship for tenants and landlords. In response to these concerns, Congress and the President enacted several laws providing significant amounts of supplemental funding to help tenants pay their rent and remain stably housed. The laws also included arguably unprecedented new federal policies designed to prevent landlords from pursuing eviction. Most of the funding and policies enacted were temporary, designed to address the immediate impacts of the pandemic. One eviction-related provision—a thirty-day notice to vacate requirement enacted as Section 4024(c) of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Pub. L. No. 116-136, § 4024(c), 134 Stat. 281, 492 (2020))—remains in effect, although its scope and future remain subject to debate. In response to legal challenges to Section 4024(c)’s notice to vacate requirements, courts have reached some inconsistent holdings, but most have held that: the CARES Act notice to vacate requirement is not time-limited and, thus, is still in effect (see, e.g., Arvada Village Gardens LP v. Garate, 529 P.3d 105, 108 (Colo. 2023); D.H. v. Common Wealth Apartments, 231 N.E.3d 284, 288 (Ind. Ct. App. 2024); Olentangy Commons Owner LLC v. Fawley, 228 N.E.3d 621, 633 (Ohio Ct. of App. 2023); Sherwood Auburn LLC v. Pinzon, 521 P.3d 212, 216 (Wash. Ct. App. 2022); but see MIMG CLXXII Retreat on 6th, LLC v. Miller, 16 N.W.3d 489 (Iowa 2025)); the CARES Act notice to vacate requirement is only applicable to the nonpayment of rent, rather than other grounds for eviction (see, e.g., West Haven Hous. Auth. v. Armstrong, 2021 WL 2775095, at *3 (Conn. Super. Ct. Mar. 16, 2021); King County Hous. Auth. v. Knight, 563 P.3d 1058, 1063 (Wash. 2025); but see Pendleton Place, LLC v. Asentista, 541 P.3d 397, 402 (Wash. App. 2024), abrogated by King County Hous. Auth. v. Knight, 563 P.3d 1058, 1063 (Wash. 2025)); and landlords must wait until after the thirty-day notice to vacate period passes before filing a judicial proceeding for eviction (see, e.g., Sherwood Auburn LLC, 521 P.3d at 217–18; Olentangy Commons Owner LLC, 228 N.E.3d at 632; but see Woodrock River Walk v. Rice, 906 S.E.2d 682, 685–87 (Va. Ct. of App. 2024)). The Biden Administration took a number of administrative actions intended to enforce the CARES Act notice to vacate requirement (see, e.g., Extension of Time and Required Disclosures for Notification of Nonpayment of Rent, 86 Fed. Reg. 55693 (Oct. 7, 2021) and 30-Day Notification Requirement Prior To Termination of Lease for Nonpayment of Rent, 89 Fed. Reg. 101270, 101270 (Dec. 13, 2024)). The Trump Administration has since taken steps to undo many of those actions (see, e.g., Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent; Indefinite Delay of Effective Date, 91 Fed. Reg 12301 (Mar. 13, 2026)). Although Congress passed the CARES Act’s notice to vacate requirement a number of years ago, there is some remaining ambiguity about the requirement’s applicability and uncertainty about the degree to which it has been enforced. Further, it remains controversial, with some low-income tenant advocates arguing for its retention and enhanced enforcement, while some housing industry groups have called for its repeal. Legislation to repeal the requirement has been introduced in several Congresses, including the Respect State Housing Laws Act, H.R. 1078, 119th Cong. (2026), which the House Financial Services Committee reported favorably on February 25, 2026.

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