Tenants in HUD housing get 30 days to pay before an eviction case

If you rent in public housing or in a property with HUD project-based rental assistance and fall behind on rent, your landlord has to give you written notice at least 30 days before going to court to evict you. This covers Section 8 Project-Based Rental Assistance and Section 202 and 811 housing for older adults and people with disabilities. It doesn’t cover Housing Choice Vouchers or Project-Based Vouchers, though a separate 30-day notice under the CARES Act still applies to many voucher units.

The notice has to list what you owe month by month, with late fees shown separately, give a date to pay by, and explain how to catch up. It also has to explain how to report an income drop so your rent can be recalculated. If you pay the rent you owe within the 30 days, the landlord can’t file the eviction. You don’t need to apply.

The 30-day notice started as an emergency rule in 2021. Before that, public housing tenants could get as little as 14 days’ notice. HUD Secretary Marcia Fudge signed the proposed permanent rule in 2023. After receiving 316 public comments, HUD finalized it in December 2024; General Counsel Damon Smith signed the final rule. HUD estimates the notice prevents 1,600 to 4,900 move-outs over unpaid rent each year.

In February 2026, HUD Secretary Scott Turner moved to revoke the rule. Weeks later, HUD put that revocation on hold pending public comments, so for now the 30-day notice still applies.