You have probably heard the saying what a difference a day makes. Try two days.
During the final week of February 2026 both Rural Development and HUD rescinded pandemic era rules related to eviction timing for nonpayment of rent. Within hours the same question started circulating across the industry.
So, does this mean the 30-day notice is gone?
The short answer. No. Not entirely.
What changed were agency rules. What did not change was federal law.
What Rural Development Did
On February 25, 2026, the Rural Housing Service (RHS) issued a final rule (Federal Register Vol. 91, No. 37)removing the regulatory requirement that Section 515 and Section 514 multifamily housing properties provide a minimum 30-day notice before initiating eviction for nonpayment of rent.
The language that had been added during the COVID pandemic has now been removed from the regulation.
Rural Development rescinded certain provisions from their regulations found at part 3560 of title 7. RHS specifically amended their Lease Requirements language found at 7 CFR § 3560.156(c)(18)(xvi), which once read “The procedures that must be followed by the borrower and the tenant in giving notices required under terms of the lease, including lease violation notices. The lease will provide that, in cases of nonpayment of rent, the termination notice will be effective no earlier than 30 days after the tenant’s receipt of the written termination notice” to now read, “The procedures that must be followed by the borrower and the tenant in giving notices required under terms of the lease, including lease violation notices.” As a result, eviction timing for nonpayment of rent under Rural Development programs now defaults back to the lease and applicable state and local landlord tenant law.
Rural Development explained that tenant protections already existed before the CARES Act. Tenants experiencing income changes (of $50 or more) can request an interim recertification and have their rent adjusted before an issue of nonpayment arises. Because the ability to report the income changes were already in place the Agency determined the regulatory 30-day notice requirement was no longer necessary.
What Rural Development did not do was repeal the CARES Act. They cannot.
What HUD Did
One day later, February 26, 2026, HUD issued an interim final rule (Federal Register Vol. 91, No. 38) revoking both the 2021 interim final rule and the 2024 final rule that required a 30-day notice prior to lease termination for nonpayment of rent in public housing and project based rental assistance programs.
This action returned HUD eviction notice requirements to their pre-pandemic framework. Depending on the program notice periods may range from as little as five days to 30 days and are heavily influenced by lease language and state law.
HUD cited the end of Emergency Rental Assistance funding administrative burden and financial strain on PHAs and owners as reasons for rolling these rules back. The rule becomes effective March 30, 2026, with comments open through April 27, 2026.
Again, this was a regulatory change. Not a statutory one.
Where the CARES Act Still Comes In
The CARES Act was passed by Congress on March 27, 2020. It was not a HUD rule. It was not an RD policy. It was federal law.
That law requires lessors of covered dwelling units to provide a notice to vacate and may not require the tenant to vacate the unit until at least 30 days after that notice is provided. Congress has not repealed section 4024, and many compliance and legal resources continue to treat the 30-day notice to vacate requirement as applicable for covered dwellings. Owners should evaluate coverage carefully and follow the CARES Act requirement where it applies.
Covered dwellings include properties with federally backed mortgage loans or federal rental assistance. Under the CARES Act, Section 4024, the term “covered dwelling” means “a dwelling that is occupied by a tenant, pursuant to a residential lease or without a lease or with a lease terminable under State law; and is on or in a covered property.” This definition shows how CARES Act coverage is determined for many federally assisted and federally financed properties, depending on program participation and financing.
The term “covered property” means any property that:
- Participates in –
- A covered housing program (as defined in section 41411(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12 12491(a)); or
- The rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r); or
- Has a –
- Federally backed mortgage loan; or
- Federally backed multifamily mortgage loan.
It’s especially important to note that agencies can change their regulations. They cannot undo a statute passed by Congress. Until Congress acts the CARES Act 30-day notice requirement still applies where the property meets the definition of a covered dwelling.
Why This Still Matters in Practice
The actions taken last week created confusion. Some owners and agents are already moving quickly to shorter notice periods based only on lease language or state law.
That is where the risk comes in.
Courts do not ignore federal statutes just because agency regulations changed. In eviction proceedings owners may still be required to show compliance with the CARES Act where applicable. Failing to do so can create defenses delay cases or lead to inconsistent outcomes.
This is not the time to rush.
Leases need to be pulled and reviewed. Program rules need to be clearly understood. State and local landlord tenant law still applies but it does not stand alone. Federal statutory requirements still matter.
Bottom Line
The regulatory landscape shifted last week. The CARES Act did not.
While HUD and Rural Development have stepped away from their pandemic era eviction timing rules the federal statute remains in place for covered dwellings. Until Congress says otherwise the safest and most defensible approach is to continue honoring the CARES Act 30-day notice requirement where it applies.
Afterall, it is not over until it is over.
