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30-Day Notice to Pay Rent or Quit & VAWA Compliance: What Property Owners and Managers Need to Know

As part of our ongoing effort to provide clear guidance to housing providers, we want to clarify an area that generates frequent confusion: when to use a 30-day Notice to Pay Rent or Quit (AACSC form F70B), and when VAWA (Violence Against Women Act) protections are required. This post is especially important for landlords and managers handling federally assisted housing, including Section 8, but also for those managing mixed buildings with both subsidized and market-rate tenants. 

When to Use a 30-Day Notice to Pay Rent or Quit

If your property is covered under federal housing protections — such as having a Section 8 tenant, participating in a federal housing program like LIHTC or HOME, or if your loan is backed by a federal entity (e.g., Fannie Mae, Freddie Mac, FHA) — then the CARES Act applies. Under this law, you are required to provide a minimum of 30 days’ notice before initiating any eviction action for nonpayment of rent. This rule is still being interpreted and enforced in some jurisdictions, so it’s important for landlords to understand that even if a tenant is not personally on Section 8, if any unit on the property is subsidized or the mortgage is federally backed, this notice period must be honored. Violating this can risk your case being thrown out or result in penalties.  

 

You must use a 30-day notice if:    

  • The tenant receives Section 8 assistance (HCV or PBV).

  • The property participates in a federal housing program (e.g., LIHTC, HOME).

  • The building has a federally backed mortgage (FHA, VA, USDA, Fannie Mae, or Freddie Mac).

This means a 3-day notice is not valid under these conditions. If you're covered by the CARES Act, only a 30-day notice to pay rent or quit is compliant for nonpayment of rent.

     

When VAWA Applies — And When It Doesn't

The Violence Against Women Act (VAWA) is a federal law that provides housing protections to survivors of domestic violence, dating violence, sexual assault, and stalking. For property owners and managers, this means that if you participate in certain federal housing programs, not limited to Section 8, LIHTC, or have a federally backed mortgage, you have specific legal obligations. These include not evicting or denying housing to an applicant or tenant based on their status as a survivor. Because VAWA doesn’t apply across the board, it only protects tenants who are receiving federal rental assistance or living in a covered unit.

The Violence Against Women Act (VAWA) provides protections to tenants who are survivors of:

  • Domestic violence

  • Dating violence

  • Sexual assault

  • Stalking

VAWA applies only if:

  • The tenant receives federal rental assistance (e.g., Section 8).

  • Or, the tenant lives in a property funded or subsidized by HUD or another federal housing program.

If you intend to terminate the tenancy or pursue eviction of a Section 8 tenant for any reason, including nonpayment of rent, you must serve:

  • VAWA Notice of Occupancy Rights (HUD Form 5380). 

  • VAWA Self-Certification Form (HUD Form 5382). 

  • These must be served with or before the 30-day notice (AACSC form F70B).

When VAWA is not required:

  • The tenant is in a market-rate unit and not receiving federal assistance.

  • The property is entirely privately financed and has no federal funding or mortgage guarantees.

VAWA Notice of Occupancy Rights (HUD 5380) 

VAWA Self-Certification Form (HUD 5382) 

What if the Tenant Isn’t on Section 8, but One Lives in the Building?

Here’s where confusion often arises — and it’s important to get this right.

Many landlords ask: “If I have one Section 8 tenant in the building, do I need to serve VAWA forms to all tenants?” The answer is no.

VAWA protections are specific to the tenant, not the building. You are only required to provide the VAWA forms (HUD-5380 and HUD-5382) to tenants who are themselves participating in a covered federal housing program — for example, a tenant with a Section 8 voucher or someone living in a LIHTC-designated unit. Market-rate tenants in the same building are not automatically covered by VAWA protections just because a Section 8 tenant lives next door.

That said, the 30-day notice requirement under the CARES Act is where things can get tricky — and this does potentially affect market-rate tenants.

Even if a tenant pays full rent and is not on Section 8, you may still be required to give them a full 30-day notice before filing for eviction due to nonpayment if either of the following applies to your building:

  • Your property is financed by a federally backed mortgage (e.g., Fannie Mae, Freddie Mac, FHA, VA, USDA)

OR

  • Your building is part of a federal housing program, such as LIHTC (Low-Income Housing Tax Credit) or HOME Investment Partnerships.

In these cases, the building itself is what triggers the CARES Act protections — not the individual tenant’s participation in Section 8 or other assistance.

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