Property Management Blog

No-Fault Eviction – How It Works?

Terry Mrochko - Thursday, May 21, 2020
Property Management Blog

The “No-Fault Eviction” comes into play when a landlord doesn’t renew the tenant’s lease without any reason. This term has become a huge deal in recent years and has made headlines. Many honest tenants have been a victim of No-Fault Eviction.

In San Francisco teachers are raging against this rule, and they are asking the authorities to look into this and ask the landlords to stop using them. Even around Boston tenants are also asking the government to order the landlords from using this rule.

How Does a No-Fault Eviction?

If “No-Fault Eviction” has always been in play, why is there a sudden uproar regarding it? Well, take it this way, the tenant is breaking no rules, he has paid the rent on time, even before tome, he has been an ideal tenant so far, he doesn’t make any noise or isn’t disrespectful towards anyone in the neighborhood. But still, at the end of the lease, he gets the notice to move out. This eviction notice is in the time limit, so the landlord isn’t wrong. However, the tenant is also not at fault.

Through a “No-Fault Eviction” the landlord can’t make the tenant leave the house and end the lease without even giving a valid reason. The landlord isn’t supposed to tell the tenant about this, all he needs is to serve the notice before time on the decided race period, and his duty will be done. The law doesn’t state that the landlord needs to tell the tenant why he is not continuing the lease.

However, this isn’t the eviction; the No-Fault Eviction comes in play when the landlord has served the notice, but the tenant is reluctant to leave. In such a scenario, the landlord is forced to evict the tenant, and this situation will be termed as “No-Fault Eviction”. This eviction turns in to a good thing when the tenant leaves the house without any issues.

Even though it’s called a “No-Fault eviction”, but it’s the tenant’s fault technically when he doesn’t leave the property when he or she is asked to. This makes the landlord authorize to kick out the tenant as he is violating the rights of the landlord. When the lease is up, the contract ends, and the landlord has full authority to keep or evict the tenant, no one, not even the tenant, gets a say in this.

This is all well, but not all parties are happy with the decision. Here’s why people are so upset about this whole situation. Well, the main reason is the rapid rise in rents. The rents have gone up, but the income is yet to catch up. Would you believe that rents have gone up 400% in the last decade? Obviously, the story is too juicy for the media to pass up.

The renters are concern that if they are kicked out, they will not be able to get a new place with their existing income; this is the reason why they are so reluctant to leave their current homes. This may not feel like much, but it’s a huge concern for all tenants.

An eviction is not a pleasant experience, not for the landlord, or the tenant. Hence, no one is very keen on it happening. Both parties are always trying to avoid this ordeal. If in any case, as a landlord, you have to evict a tenant, here are some reasons you can give to make the situation as easy and smooth as possible. The act of No-Fault Eviction protects the landlord and helps them in the following tricky situations.

Scenarios where No-Fault Eviction May occur:

A family member or personal Use:

It’s your place, so technically you are not liable to tell the tenant anything, but to make the whole ordeal a bit easier, just tell the tenant that you need the property for personal use. This will make things easier for the tenant, and he doesn’t have to feel that you are taking revenge on him for making complains or breaking the law. You can also tell that one of your family members needs a place to stay, and you have no choice but to ask them to vacate the property. This will make your tenant feel like you are in a jam too, and you can’t help the situation.

Resident manager Or Room For permanent staff:

No-Fault Eviction can also occur when you need your manager at hand all the time. And you can ask the tenant to leave so that you can move in your manager. This is a pretty plausible reason, and the tenant shouldn’t get offended at this or raise any objections.

Demolishing or permanently removing the rental unit from rental housing use (Ellis Act):

When there is no unit, here is no option of renting, so this is again a scenario when you will be able to ask your tenants to leave. It’s not their fault, but they will still have to bear the consequences.

Legal Violation Eviction:

If a government rule or state law breach has occurred, the landlord will be asked to give up the place. In such a case, the tenant will be evicted through the No-Fault Eviction clause.

Demolishing Or Converting The Building To Another Use:

It’s your property and your investment, so you can use it as you like and can reap ROI from it. If you are demolishing or converting your rental property in the second branch of your already existing chain, the tenant will have to leave under the No-Fault Eviction. It wasn’t his fault, but it wasn’t yours either, so both the parties aren’t at fault.

Conclusion:

The No-Fault Eviction law protects the landlords as there are many situations when a landlord will have no choice but ask the tenant to leave. The tenants around the world may think that the landlords are taking revenge on their tenants to make them leave without a fault, but there are situations when it can’t be helped.


If you’d like to talk more about property management, or you need help with Everest Property Management, please contact us at Everest Realty.

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