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E. No -Fault Just Cause. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Covered Rental Unit, or Rental Unit/Dwelling, the termination qualifies as a No -Fault termination. No-fault termination of tenancy may only apply to month -to -month tenancies or once a fixed -term tenancy has ended. 1. Intent to occupy the Covered Rental Unit, or Rental Unit/Dwelling by the Landlord or Landlord Family Member, provided that to use this section, the Landlord must be a natural person. The Landlord seeks in good faith, honest intent, and without ulterior motive to recover possession for: (a) The Landlord's own use and occupancy as the Landlord's principal residence for a period of at least 36 consecutive months commencing within three months of vacancy; or (b) The principal residence of the Landlord's Family Member. Provided that the Landlord's Family Member must be: (1) an elder adult, aged 60 or over, or a person with a disability; (2) must move into the Covered Rental Unit, Rental Unit/Dwelling for the Landlord's Family Member is located within the same building as the Landlord's principal residence within sixty (60) days from the date the Tenant/Resident surrendered possession of the Covered Rental Unit, or Rental Unit/Dwelling; and (3) The Landlord's Family Member, who is an elder adult, aged 60 or over, or a person with a disability has occupied the Covered Rental Unit, or Rental Unit/Dwelling for as his or her principal residence for a period of at least thirty-six (36) consecutive months. The Landlord shall confirm to the Tenant/Resident in writing and file a copy of said notice with the Rent Board that no other unit in the Covered Rental Unit, Rental Unit/Dwelling is vacant. Provided, however, if there is a comparable unit in the Covered Rental Unit, Rental Unit/Dwelling, then this shall not serve as a basis to terminate the Tenancy of the Tenant/Resident. It shall be a rebuttable presumption that the Landlord has acted in bad faith where the Landlord or the Landlord's Family Member fails to move into the Covered Rental Unit, Rental Unit/Dwelling within sixty (60) days from the date that the Tenant or Resident surrendered possession of the Covered Rental Unit, Rental Unit/Dwelling; or occupy the Covered Rental Unit, Rental Unit/Dwelling as his or her principal residence for a period of at least thirty-six (36) consecutive months. In the case where either the Rent Board, or in the event of an eviction proceeding, a court has made a specific finding of bad faith by the Landlord, the tenancy of the displaced Tenant/Resident shall be restored, or the Tenant/Resident shall have the right of first refusal to return to the Covered Rental Unit, Rental Unit/Dwelling. In the circumstances where the Landlord is unable to restore the Tenant to his or her Tenancy, the Landlord 32