VPLC's
Virginia Poverty Law Center

Understanding an Unpaid Rent Notice for Subsidized Housing

If your rent is late, your landlord will give you a letter telling you to pay what you owe. It will say that if you do not pay soon, your landlord might start the eviction process in court.

Page Glossary

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.
Pay or Quit:
A letter from a landlord asking the tenant to pay overdue rent or leave the home within a set number of days.
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.
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.

What is the notice called?

This does not have a legal name. It might be called one of these things:

  • Pay or Quit
  • Notice of Default
  • Notice of Noncompliance
  • Notice of Nonpayment

What does it mean?

It means that your rent is late and if you don’t pay within a certain time, your landlord will end the lease and file an eviction case in court.

What’s in the notice?

An unpaid rent notice includes basic information about your situation.

  1. The amount of money you owe the landlord.
  2. How long you have to pay before the landlord can start a court case to evict you.
  3. Many of these notices tell you that your landlord can still evict if you only pay part of what you owe.
  4. More information specific to the type of subsidized housing you have:

If you are in PUBLIC HOUSING the notice must also:

  • Include instructions on how to pay what you owe to fix the problem.
  • State how much you owe, itemized by month and separating rent and non-rent amounts.
  • Give you at least 30 days to pay and avoid an eviction case in court.
  • Say how you can recertify your income or ask for a hardship rent exemption.
  • Include information about how to switch from flat rent to income-based rent.
  • 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:

  • Include instructions on how to pay what you owe to fix the problem.
  • State how much you owe, itemized by month and separating rent and non-rent amounts.
  • Give you at least 30 days to pay and avoid an eviction case in court.
  • Say how you can recertify your income or ask for a hardship rent exemption.
  • 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.

Sample notice

Sample of a 30-day notice of default (pay or quit), showing key elements.

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.

If you are in public housing, it must include the name, address, and phone number of the local legal aid program. If you pay rent with a Housing Choice (Section 8) Voucher, it must include the statewide legal aid phone number and website.

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 unpaid rent notice. 

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.