VPLC's
Virginia Poverty Law Center

Understanding a 30-Day Notice to Vacate for Subsidized Housing

If your landlord thinks you broke the rules of your lease in a way you can’t fix, they might give you a letter that says you have to leave within 30 days.

Page Glossary

Breach:
Breaking the requirements of a lease or property rules. A breach can be fixable, called "remediable," or not fixable, called "non-remediable."
Eviction:
When a tenant is physically forced out of the property they were renting. A legal eviction comes after a court case and involves the sheriff's office. It is illegal for a landlord to force out a tenant without going through the court and sheriff's office.
Hearing:
Any date and time scheduled for the landlord and tenant to come to court and see the judge.
Non-Remediable:
Something that can't be fixed, like a crime.
Notice:
A letter, usually from a landlord, with important information that could affect your ability to stay in your home or face eviction.
Public Housing:
Housing in properties owned by a Public Housing Authority, where residents pay reduced rent based on their income. Residents also have extra protections against eviction.
Remediable:
Something that can be fixed, like a rule someone has broken.
Remediable:
Algo que se puede arreglar, como una regla que alguien ha roto.
Subsidized Housing:
Housing provided at reduced cost to residents who meet certain criteria. It generally includes people in public housing that is owned by a housing authority, reduced-rent apartments in Section 8 complexes, rent paid partially with a Housing Choice Voucher, and other government programs. Residents in subsidized housing generally have extra protections against eviction. Properties with Low Income Housing Tax Credits have some extra eviction protections, too, even for residents who don't pay reduced rent.
Termination:
Cancelling or ending a lease.
Vacate:
Moving out of the property and returning the keys to the landlord.
Violate:
Breaking the requirements of a lease or property rules.

What is the notice called?

The letter about this type of lease violation might be called one of these things:

  • 30-Day Notice to Vacate
  • Notice of Lease Termination
  • Notice of Non-Remediable Breach

What does it mean?

It means the landlord will end your lease 30 days after the date of the letter. If you don’t move out by then, they can start a court case to evict you.

It also means the landlord thinks you broke the lease in a way that can’t be fixed so you can stay. That is what non-remediable means.

Here are some examples of lease violations that are non-remediable:

  • Threatening a property manager with serious harm.
  • Physically assaulting another resident.
  • Committing a crime that threatens health or safety.
  • A repeated violation that you corrected earlier, after you got a notice from the landlord.

What’s in the notice?

This notice has four main pieces of information:

  1. A description of what the landlord says you did to break your lease.
  2. The rule or lease paragraph you violated.
  3. The date when the lease will end.
  4. More information specific to the type of subsidized housing you have:

If you are in PUBLIC HOUSING the notice must also:

  • Tell you that you have a right to respond to the notice.
  • Say you have the right to see the housing authority’s documents related to your case.
  • State if you have the right to request a grievance or informal hearing.
  • Have the name, address, and phone number of the local Legal Aid office on the first page.

If you are in SITE-BASED SECTION 8 HOUSING the notice must also:

  • Tell you that, within 10 days of the notice, you can meet with the landlord to discuss it.
  • Have the phone number and website address of statewide Legal Aid on the first page.

If you have a HOUSING CHOICE VOUCHER the notice must also:

  • Have the phone number and website address of statewide Legal Aid on the first page.

Something else:

For ALL PUBLIC OR SUBSIDIZED HOUSING residents, the notice must also come with these two documents:

  1. A “Notice of Occupancy Rights under the Violence Against Women Act” (VAWA).
  2. A certification form you can fill out to claim VAWA protections.

Sample notice

Sample 30-day Lease Termination notice for non-remediable lease violation, showing key elements of the notice.

Keep in mind

  • Even after the deadline in the notice is up, your landlord can’t just force you out. They have to go through the court process and get the sheriff involved. See all the steps in that process.
  • Go to Fight my eviction to learn how you can respond to a landlord’s 30-day notice to vacate.

You may want to talk to a lawyer for specific advice. Contact your local Legal Aid office to see if you qualify for free help.