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Evictions have been surging for the better part of the past two years, and as a recent Point2Homes study found that renters in the 65-and-over age group have increased by 2.4 million from 2013 to 2023—a 30% spike and the largest percentage boost of any generation—a lot of them may soon be facing the threat of “no-fault” evictions.
Many of these older renters are likely living on fixed incomes or in rent-controlled properties that landlords now want to reclaim.
Therefore, it’s no surprise that questions about tenant protections, grace periods, and eviction alternatives are becoming more popular than ever before.
After all, many seniors don’t know what rights they actually have.
What a “no-fault” eviction actually means — and how common they are
When someone gets evicted, most people assume they’ve failed to pay rent, damaged the property, or broken the terms in their lease. A “no-fault” eviction, however, occurs for reasons that have absolutely nothing to do with a tenant’s behavior.
The landlord may decide to sell the building or renovate it. Or perhaps they want to move back into the unit or remove the property from the rental market altogether. These types of evictions have increased significantly since the pandemic eviction mortariums expired.
In Oakland, CA; Los Angeles; and New York City, for example, tenant groups have witnessed massive increases in the Ellis Act and owner move-in evictions—two of the most common forms of “no-fault” evictions.
Seniors are often targeted with no-fault evictions because they’re more likely to be in long-term, below-market value apartments. In most rent-controlled cities, an apartment that’s been rented for 10 or 20 years will now be well below market value.
“It also makes financial sense for the landlord as an eviction allows them to re-rent at a much higher rate or lease the property for more lucrative purposes,” says Dharam Khalsa, senior living advisor and CEO at Mirador Living in Alameda, CA.
For seniors, who are already on fixed incomes and may have mobility or health issues, “no-fault” evictions are a big problem.
“Being forced to relocate under these conditions can be particularly traumatic and destabilizing for older adults, especially if they’ve been in the unit for decades and consider it their long-term home,” explains Khalsa.
Fortunately, most jurisdictions do require landlords to offer relocation assistance for “no-fault” evictions. In San Francisco, for example, they must pay $7,000 to $20,000, depending on household size, plus an additional $2,000 if the tenant is elderly or disabled.
In Los Angeles, the Rent Stabilization Ordinance mandates that seniors who are 62 years of age and older are eligible to receive $21,900 or more in relocation assistance when they are displaced from a rent-controlled unit.
Seattle; Portland, OR; and Washington, D.C., have similar provisions. However, it’s important to note that they’re not provided automatically—tenants must request them and meet certain notice deadlines.
What protections (if any) do senior renters have against “no-fault” evictions?
Currently, there are no age-specific federal eviction protections in place, but seniors who live in federally subsidized housing, such as HUD’s Section 202 Supportive Housing for the Elderly, are eligible for additional protections.
These include the requirement of 30- to 90-day written notice and the need for a “good cause.” Tenants in these programs cannot be evicted simply because a landlord wants to re-use the unit.
In addition, the Fair Housing Act prohibits housing discrimination based on age or disability, so an eviction that appears to target seniors for no legitimate purpose can also be a concern under federal civil rights law.
Fortunately, some cities and states have passed ordinances that offer enhanced protections for seniors. In California, the Ellis Act requires that seniors or disabled tenants being evicted under the Act receive a 12-month notice, compared to just 120 days for other tenants.
New York City has right-to-counsel laws for low-income tenants and seniors, so legal assistance is typically free. In Massachusetts, seniors are eligible for priority placement in public housing as long as they’re involuntarily displaced. A few places also accelerate Section 8 voucher processing or emergency housing placements for seniors who are threatened with homelessness because of eviction.
Texas and Florida tend to have weaker protections than other states. Keep in mind that even in areas with stronger laws, age alone doesn’t guarantee exemption. It may, however, influence timelines or support services.
Steps seniors can take to fight or delay a “no-fault” eviction
If you receive a “no-fault” eviction notice as senior, these steps can help you improve your situation.
Seek legal help
“First, reach out to a local legal aid society, such as Legal Aid Foundation of Los Angeles, NYC Tenant Protection Hotline, or Eldercare Locator. They can examine if the eviction is lawful and whether the landlord has satisfied all procedural safeguards, such as paying relocation benefits or filing appropriate notices,” says Khalsa. Notices that are invalid due to technicalities can delay or void the eviction.
Document everything
Be sure to get everything in writing, especially if the landlord is claiming to move in or renovate.
“This verifies if the eviction is genuine or just a pretext for rent increases. If the landlord doesn’t follow through with those plans, you may be able to return to your place or sue for damages,” explains Khalsa.
Request reasonable accommodations
Depending on your situation, you may be able to request reasonable accommodations from the Americans with Disabilities Act (ADA) or Fair Housing Act. For example, if you have a medical condition that requires more time to relocate, you may receive reasonable extension—especially if you have medical documentation.
Reach out to your local housing authority
You may be able to work with your local housing authority to apply for any emergency housing vouchers, senior housing waitlists, or rental subsidies that are available.
“Most cities offer temporary stays of eviction during the period those applications are being processed,” says Khalsa.