‘But My Lease Isn't Up Yet!’: Finding Fault with ‘No-Fault’ Evictions

Abstract

This Article critically examines the eviction of tenants for actions or events outside of the tenants’ control — “no-fault” evictions. For example, tenants may be evicted because the landlord’s property was foreclosed, the landlord wants to re-occupy the property, or the landlord wishes to sell the property to a purchaser who intends to occupy it. This Article analyzes and critiques the common law, statutes, and proposed uniform acts that may permit evictions of tenants from private residential dwellings under such circumstances. In addition, this Article discusses the necessary balance between a landlord’s rights and obligations and those of a tenant, and offers recommendations.

Keywords: Evictions, No-Fault Evictions