Texas eviction timelines are famously fast (often a 3-day Notice to Vacate), but a federal overlay from the CARES Act can quietly change the notice analysis when the property is a “covered dwelling.” The Texas Legislature recently added a Texas Property Code clarification aimed at how courts handle federal notice requirements—particularly the CARES Act concept—starting January 1, 2026.

This post explains (1) what “covered” means, (2) what the CARES notice rule does today, and (3) what the “new” Texas clarification changes for cases filed on/after Jan. 1, 2026.

1) The CARES Act rule that still matters: the 30-day notice

Section 4024 of the CARES Act created a temporary eviction-filing moratorium in 2020, but the 30-day notice requirementfor covered dwellings has continued to matter long after the moratorium expired. In short: a covered dwelling’s lessor may not require a tenant to vacate earlier than 30 days after the notice to vacate is provided.

Texas courts and training materials commonly treat this as a real-world “extra notice” issue in nonpayment cases for covered properties. For example, the Texas Justice Court Training Center (TJCTC)states the 30-day notice requirement has not expired and applies when the property is a covered dwelling and the eviction is for nonpayment.

Practical takeaway (pre-2026 and still the conservative approach):
If it’s nonpayment + covered dwelling, assume you need a 30-day notice and build that time into your filing strategy, because a defective notice can derail a judgment for possession.

2) What is a “covered dwelling” (covered property)?

“Covered dwelling” is a federal definition tied generally to either:

• Federal housing assistance/program participation (e.g., certain vouchers/assistance), or
• Federally related financing in specified categories (the exact definition is technical and sometimes requires digging).

In Texas practice, the “covered” question often comes up because many landlords (and even many tenants) don’t know whether a particular property is covered until they check.

How to spot it in the real world (practice-oriented):

• Review financing and program participation (loan docs, compliance docs, property management records).
• Use court/training resources that point to “CARES covered” tools (TJCTC links out to coverage resources used in practice).

3) Texas’s baseline: Property Code § 24.005 Notice to Vacate (and what changes Jan. 1, 2026)

Current baseline (Texas):

Texas Property Code § 24.005 is the standard notice-to-vacate statute (commonly 3 days unless the lease changes it).

The “new” clarification (effective Jan. 1, 2026):

SB 38 amended § 24.005 to address situations where a federal law or rule requires a longer notice period (this is where CARES is often discussed). The new subsection (c-1) says, essentially:

1. If the landlord satisfies Texas notice requirements, the landlord doesn’t have to delay filing the eviction suit just because federal law has a longer notice requirement;
2. The federal requirement is not a basis to delay/abate the eviction suit; but
3. A writ of possession may not be served until the time between the Texas notice and service of the writ equals/exceeds the federal period.

In plain English:
Starting Jan. 1, 2026, Texas is trying to separate:

• When you can file and litigate, vs.
• When you can actually execute a writ (if federal law requires more time).

This is a major practical shift in how some courts may handle CARES-type defenses, because it frames the federal requirement as impacting writ timing, not necessarily case timing.

Note: This doesn’t “erase” federal law. It’s a Texas procedural approach to how the case proceeds in Texas courts while still preventing early writ service.

4) So… do you still need a 30-day CARES notice in Texas?

Here’s the most defensible way to think about it:

If your case is filed before Jan. 1, 2026

Follow the conservative, widely taught approach:

• Covered dwelling + nonpayment → give a 30-day notice and don’t file until your notice strategy is clean.

If your case is filed on/after Jan. 1, 2026

You need to plan for two questions:

1. Can I file/litigate after Texas notice? Texas’s new text says the federal notice requirement is not a basis to delay filing/abate.
2. Can I serve the writ yet? No—not until the federal period is satisfied.

Risk-management tip for landlords: Even after Jan. 1, 2026, many landlords will still choose to serve a true 30-day CARES notice(when applicable) because it reduces fight-value and helps avoid court-to-court variability—especially if the tenant is represented. TJCTC materials emphasize the ongoing relevance of the CARES notice concept in practice.

5) A quick checklist (Texas JP eviction: CARES-sensitive)

A. Identify the cause of action

• Nonpayment vs. other lease breach vs. holdover. (CARES notice is typically discussed in nonpayment contexts.)

B. Determine if it’s a covered dwelling

• Document basis: federal program participation and/or covered financing indicators.

C. Match your notice strategy

• Texas § 24.005 baseline notice (often 3 days, unless lease differs).
• If covered + nonpayment, consider giving a standalone 30-day CARES notice (or otherwise ensure your notice practice will withstand scrutiny).

D. Post-judgment planning (cases filed on/after Jan. 1, 2026)

• Even if the suit proceeds, do not serve the writ until the federal period is met.

6) Tenant-side angle (defense issue-spotting)

If you represent tenants (or you’re sanity-checking a landlord file), the CARES “covered dwelling” question can still be leveraged as:

• A notice defect argument (especially pre-2026 filings), and/or
• A writ-timing argument (especially post-2026 filings), because the new Texas statute explicitly ties federal requirements to writ service timing.

TexasLawHelp’s eviction answer materials flag CARES notice as a common defense issue when the property is covered and the notice wasn’t properly handled.

Practical conclusion

• CARES still matters in Texas primarily as a notice timing problem for covered dwellings in nonpayment cases.
• Texas’s “new” clarification (effective Jan. 1, 2026) is best understood as: “Proceed with the case, but don’t serve the writ early.”
• The safest real-world approach remains: know whether you’re covered, paper your notice, and be able to prove it.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.