Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own.
This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides an overview of the history of landlord tenant law and its relevance to evictions. Part III includes statistics regarding evictions. It also provides statistics on those who are affected by a landlord’s early termination of a lease. Part IV analyzes the common law, statutes, or uniform acts regarding “no fault” evictions of tenants from private residential dwellings in cases of foreclosure, sales, and landlord’s intended re-occupancy. Lastly, the final part intertwines policy issues and proposes recommendations for RURLTA (Revised Uniform Residential Landlord and Tenant Act).
“But My Lease Isn’t Up Yet!”: Finding Fault with “No-Fault” Evictions
, 35 U. Ark. Little Rock L. Rev. 839
Available at: http://ecollections.law.fiu.edu/faculty_publications/136