VPLC's
Virginia Poverty Law Center

Understanding a Lease Violation Notice for Subsidized Housing

If your landlord thinks you have broken the rules of your lease, they will give you a letter that says you have violated or ‘breached’ the lease. This type of notice is for violations that you can fix and stay in your home.

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.
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.
Violate:
Breaking the requirements of a lease or property rules.

What is the notice called?

The letter about a lease violation you can fix may be called one of these things:

  • 21/30 Notice
  • Notice of Remediable Breach
  • Notice of Material Noncompliance

What does it mean?

It means that if you don’t fix the lease violation mentioned in the letter within 21 days or move out within 30 days, your landlord can start the eviction process.

What’s in the notice?

A 21/30 lease violation notice has three main types 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 deadlines for fixing the problem, 21 days after the letter, and for moving out if you do not fix the problem, 30 days after the letter.
  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 21/30 Notice of Lease Violation for subsidized housing, showing the 4 main elements.

Keep in mind

  • Even after the deadlines in the notice are 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 the process.
  • Go to Fight my eviction to learn how you can respond to a landlord’s notice of lease violation.

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.

Take action

Learn what you can do to try to stay in your home and avoid eviction.

Fight my eviction

Sometimes, you can't avoid eviction if your landlord wants you out. But it is always good to learn how the law can protect you and what you can do about your situation.