What do you know about No Fault Eviction?

Property Management Blog

As a landlord, you are aware of eviction process that is used to get rid of bad tenants. One kind of eviction has become a topic of heated debates these days. It is called No Fault Eviction. Many tenant groups are raising demand to stop landlords from using this kind of eviction.  If you do not know what a No-Fault Eviction is, this guide will explain it in simple terms to use it judiciously when you need it.

What is No Fault Eviction?

As the name suggests, a No-Fault Eviction is used to throw out a tenant without any fault of his own. This is the reason why tenant   groups are upset and raising their voices against it.  If a tenant is following the rules of the house and paying his rent on time, how can he be evicted from the property?

Well, the answer to this question lies in the discretion of the landlord. If the term of the lease has expired and the landlord does not wish to extend the agreement, he has every right to ask a tenant to leave their rental property.  Normally a landlord needs to inform the tenant at least a month in advance about their decision but this time period can vary from one state to another. In some cases, this period is dictated by the terms of the lease agreement.

Tenant really does not have a choice

In most such cases, the tenant, knowing that he does not have a choice, agrees to leave the premises. They start to find a new place for themselves. However, some tenants decline to accede to the demand of the landlord and refuse to budge. In such a situation, the landlord has no choice but to utilize a No-Fault Eviction to get rid of such a tenant.

It would be legally wrong to term this type of eviction as a no-fault eviction. Not accepting the wish of the landlord to vacate the premises is a violation of the terms of the lease agreement. If the duration of your lease agreement is over and your landlord asks you to leave his property, you cannot force him to renew the lease for another term. After all, it is the landlord’s property and he is legally right to reclaim its possession.

Let us now focus upon the fact that No Fault Eviction upsets tenants. The main reason behind this anger against No Fault Eviction is the recent trend of rising rents. Rents are rising so rapidly that tenants must either agree to a huge increase or be ready to leave the premises. In comparison to increase in rents, incomes are not increasing that much. In such a scenario, tenants remain afraid that may have to lose out on the neighborhood they have been living for long.  They also know that they may not be able to afford high rent in another place.

Unable to say anything to their landlords, tenant groups are trying to raise their concerns in front of the authorities.  They want local authorities to make laws that stop landlords from making use of No-Fault Evictions.

No one likes to go through eviction

It is a fact that neither the tenant nor the landlord wants to go through eviction process. If the tenant is unable to pay the increased rent, it is wise to leave the premises and find a new home elsewhere.  Also, if the increase in rent is nominal, most tenants agree to pay the increased monthly rent as they know how difficult it is to find a new place on rent.

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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