Written By CeJay Morgan

 The eviction process is a tumultuous experience for many renters within the United States. The negative effects associated with an eviction are only heightened when a tenant experiences a no-fault eviction. No-fault evictions, which happen under conditions that do not implicate the tenant’s behavior, can happen suddenly and with little time for preparation.^[1] No-fault evictions, while harmful for everyone, are especially detrimental to families because of the impact that a sudden move may have on multiple people in the household.^[2]

Fault v. No-Fault

 Generally, the eviction process stems from a tenant’s own actions or wrongdoings.^[3] Specific reasons for eviction range anywhere from a tenant who failed to renew their lease to a tenant who has not paid rent, even after notice from the landlord. ^[4] Typically, an eviction for those kinds of reasons is considered a for-cause eviction, and they must be handled in a certain manner, depending on the jurisdiction’s laws.^[5]

However, many states are beginning to enact no-fault eviction laws, especially after the case, Dep’t of Hous. v. Rucker, was decided.^[6] In Rucker, the Supreme Court upheld the constitutionality of 42 U.S.C. §1437d(I)(6), which allowed for no-fault evictions when someone connected to the lease or leaseholder engaged in criminal activity on the leased premises.^[7] Under the Supreme Court’s view, regardless of their individual knowledge, a leaseholder’s inability to prevent guests’ crimes, including drug-related crimes, is a threat to the safety of communities.^[8] Therefore, no-fault evictions were a permissible way for states to build community safety and well-being.^[9] Although the lease violations found in Rucker were of a criminal nature, the decision nonetheless provided states with the opportunity to pass broader, non-criminal no-fault eviction legislation.^[10] As such, many states have begun to implement no-fault eviction laws, which, as stated in Hous. Auth. v Nash, is when “a tenant is not at fault for the violative conduct and/or had no knowledge that such misconduct would occur, but nevertheless is subject to strict liability.”^[11] Therefore, under no-fault eviction regimes, a tenant may be evicted even if they are not the cause of the conduct at hand.

What exactly is found in no-fault eviction legislation varies by jurisdiction. For example, Colorado Statute §38-12-1303 provides multiple reasons why a tenant may be evicted for no fault of their own.^[12] Under §38-12-1303, a landlord can proceed with a no-fault eviction if they plan to demolish the building, need to make substantial repairs, or intend to let a member of their family resume occupancy of the unit.^[13] A similar statute has been passed in California,^[14] and another statute is currently under consideration in Hawaii.^[15] In all of these no-fault eviction statutes, a tenant may be evicted for numerous reasons, none of which would implicate a tenant’s behavior.

How No-Fault Statutes are Bad for Families

The eviction process often results in negative experiences for everyone involved. However, no-fault evictions are especially detrimental to families due to the sheer number of people within a unit who may be affected by the unpredictable move. No-fault evictions are likely to affect parents and children in distinct ways.^[16]

Parents or other adults who maintain employment within the residency may experience difficulty finding a new apartment close to a place of work.^[17] This hardship is especially burdensome in a no-fault eviction because a working individual cannot be proactive regarding future living and employment due to the unforeseeability of the eviction. Additionally, research indicates that people who experience involuntary moves, such as those caused by a no-fault eviction, have a more difficult time finding adequate transportation.^[18] Specifically, 40% of individuals who experienced an unexpected move faced a transportation issue.^[19] Transportation issues, while detrimental to individuals who work, may also have great effects on the entire family unit, as the barrier may prohibit families from easily accessing necessary services.

As for children, an unplanned move associated with a no-fault eviction can cause multiple issues related to a child’s education and academic performance. No-fault evictions may cause issues related to truancy and classroom performance.^[20] Specifically, studies indicate that children who experience an unplanned move are more likely to have excessive absences from schooling than their counterparts who experienced a planned move.^[21] Additional studies indicate that children who experience evictions are more likely to repeat a grade by the second year of an eviction filing.^[22]

Families facing eviction are also more likely to have interactions with child protective services.^[23] Studies have indicated that an increase in eviction rates is associated with an increase in screened-in reports of child abuse and neglect.^[24] Additionally, eviction rates have been tied to increased levels of foster care involvement.^[25] Child abuse and neglect, and the subsequent heightened involvement of child protective services, are likely due to a few factors associated generally with the eviction process. These factors include housing insecurity and the heightened stress of the parents due to a lack of stable housing for the family following an eviction.^[26]

Potential Solutions

Overall, while evictions may be necessary in certain situations, the legal regime of no-fault evictions adds an unexpected layer that is especially detrimental to families. As seen in certain state statutes, such as Colorado Statute §38-12-1303, no-fault evictions allow landlords to evict a tenant for many reasons, none of which relate to a tenant’s bad behavior.^[27] Unexpected evictions cause a multitude of problems, including issues related to transportation,^[28] and child truancy.^[29] While states that enforce no-fault evictions often have a small, built-in protection for tenants in the form of a longer time to vacate the premises, there should be more done to protect individuals experiencing these types of evictions.^[30] In addition to the longer eviction window, state law should mandate that landlords offer resources for individuals and families who are being forced to move. While necessary resources can vary among individual situations, some states, such as Hawaii, have proposed either offering relocation assistance equaling one month’s rent or waiving the final month’s rent.^[31] By offering additional resources, the various states that enact no-fault eviction laws can work to ensure that families are less impacted by the unexpected eviction.

 

 

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Photo Citation: Cathrine Sæther, Property Law- Gavel and Block and House Keys (photograph), https://www.flickr.com/photos/195273280@N04/52353541457/.

^[1] Hous. Auth. v. Nash, 343 A.3d 1134, 1141 (Pa. 2025).

^[2] See Rebecca Cohen & Keith Wardrip, Should I Stay or Should I Go: Exploring the Effects of Housing Instability and Mobility on Children, CTR. FOR HOUS. POL’Y, (Feb. 2011), https://static1.squarespace.com/static/5859aae1ff7c503bc4a5a155/t/6436ff676a931a55d2353f62/1681325929671/01+Housing+Instability+and+Mobility+on+Children.pdf.

^[3] See Brenda Castaneda, Are You Facing Eviction, LEGAL AID JUST. CTR., https://piedmonthousingalliance.org/wp-content/uploads/2014/01/eviction-flyer.pdf (last visited Apr. 3, 2026).

^[4] Id.

^[5] See Evictions, VPLC HOUS. ADVOC., https://housing.vplc.org/evictions-old/ (last visited Apr. 3, 2026).

^[6] Dep’t of Hous. v. Rucker, 535 U.S. 125 (2002).

^[7] Id at 137.

^[8] Id.

^[9] Id at 134.

^[10] Id.

^[11] Hous. Auth., 343 A.3d at 1141.

^[12] Colorado Revised Statute §38-12-1303 (2024).

^[13] Id.

^[14] Cal. Civ. Code §1946.2 (2026).

^[15] Haw. H.B. 466 (2025).

^[16] See Rebecca Cohen & Keith Wardrip, supra note 2.

^[17] See Eloisa c. Rodriguez-Dod, But My Lease Isn’t Up Yet!: Finding Fault with No-Fault Evictions, 35 UALR L. REV. 839, 865 (Summer 2013).

^[18] See Rebecca Cohen & Keith Wardrip, supra note 2.

^[19] Id.

^[20] Id.

^[21] Id.

^[22] See The Impact of Evictions on Children, NAT’L BUREAU OF ECON. RSCH., (July 1, 2025), https://www.nber.org/digest/202507/impact-evictions-children?page=1&perPage=50.

^[23] See Shichao Tang, et. al, Are Home Evictions Associated with Child Welfare System Involvement? Empirical Evidence from National Eviction Records and Child Protective Services Data, 29 CHILD Maltreatment 66, 73 (Feb. 2024).

^[24] Id.

^[25] Id.

^[26] Id at 68-89.

^[27] Colorado Revised Statute §38-12-1303 (2024).

^[28] See Rebecca Cohen & Keith Wardrip, supra note 2.

^[29] Id.

^[30] See About Residential Evictions: Frequently Asked Questions About Evictions, Colo. Jud. Branch, https://www.coloradojudicial.gov/self-help/residential-evictions#:~:text=This%20is%20a%20notice%20is,be%20at%20least%2090%20days (last visited Apr. 6, 2026) (describing how a no-fault eviction requires a longer notice period than a traditional eviction).

^[31] Haw. H.B. 466 (2025).