What is the difference between an "at-fault" and "no-fault" eviction?
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Since the reason for the notice is the sale of the property, and the tenant is not at fault, "no fault" is the correct option.
The reason the "no fault" option may include that language is due to local laws. In some jurisdictions, if a tenant is asked to leave for reasons not related to their behavior, like the sale of a property, landlords may be required to either:
- Not collect the last month's rent
- Provide relocation assistance or another form of compensation
These protections are designed to be fair to tenants who have done nothing wrong. I recommend checking your local landlord-tenant laws or speaking with a local legal expert for clarity on your obligations. Please let me know if you need help with anything else.
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I’m a landlady giving notice to my tenant so I can sell the property. She rented starting April 8, 2023. I am giving her 60 days' notice. She does not receive assistance to pay her rent. Should I check “at fault” or “no fault” on the notice?
I understand the situation can be challenging. Is the reason for giving notice related to any specific actions or behavior of the tenant?
No.
Has the tenant violated any terms of the lease agreement that would classify this as an "at fault" situation?
No.
Thank you. Based on that, you should check “no fault” on the notice. Since the reason is to sell the property and not due to anything the tenant did, it’s considered a no-fault situation. Is there anything else I can help you with?
Why does it only give me two choices? The “no fault” choice says the landlord doesn’t collect the last month’s rent.
Greetings! I’m Angelo, a licensed attorney with 40+ years of legal experience. I'm here to assist you with this matter.
Hi, Angelo.
Since the reason for the notice is the sale of the property, and the tenant is not at fault, "no fault" is the correct option.
The reason the "no fault" option may include that language is due to local laws. In some jurisdictions, if a tenant is asked to leave for reasons not related to their behavior, like the sale of a property, landlords may be required to either:
- Not collect the last month's rent
- Provide relocation assistance or another form of compensation
These protections are designed to be fair to tenants who have done nothing wrong. I recommend checking your local landlord-tenant laws or speaking with a local legal expert for clarity on your obligations. Please let me know if you need help with anything else.
Thank you so much, and happy new year to you and your family!
You're very welcome! It was my pleasure to assist you. Take care, and have a great day!
