eviction


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Eviction

The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action.

Eviction may be in the form of a physical removal of a person from the premises or a disturbance of the tenant's enjoyment of the premises by disrupting the services and amenities that contribute to the habitability of the premises, such as by cutting off all utilities services to an apartment. The latter method is known as constructive eviction. An action of Ejectment is a legal process by which a landlord or owner of land may seek the eviction of his or her tenant.

eviction

n. a generic word for the act of expelling (kicking out) someone from real property either by legal action (suit for unlawful detainer), a claim of superior (actual) title to the property, or actions which prevent the tenant from continuing in possession (constructive eviction). Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent, or a tenant who has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy. (See: unlawful detainer, constructive eviction, lease, adverse possession)

eviction

the recovery of land.

EVICTION. The loss or deprivation which the possessor of a thing suffers, either in whole or in part, of his right of property in such a thing, in consequence of the right of a third person established before a competent tribunal. 10 Rep. 128; 4 Kent, Com. 475-7; 3 Id. 464-5.
     2. The eviction may be total or partial. It is total, when the possessor is wholly deprived of his rights in the whole thing; partial, when he is deprived of only a portion of the thing; as, if he had fifty acres of land, and a third person recovers by a better title twenty-five; or, of some right in relation to the thing. as, if a stranger should claim and establish a right to some easement over the same. When the grantee suffers a total eviction, and he has a covenant of seisin, he recovers from the seller, the consideration money, with interest and costs, and no more. The grantor has no concern with the future rise or fall of the property, nor with the improvements made by the purchaser. This seems to be the general rule in the United States. 3 Caines' R. 111; 4 John. R. 1; 13 Johns. R. 50; 4 Dall. R. 441; Cooke's Term. R. 447; 1 Harr. & Munf. 202; 5 Munf. R. 415; 4 Halst. R. 139; 2 Bibb, R. 272. In Massachusetts, the measure of damages on a covenant of warranty, is the value of the land at the time of eviction. 3 Mass. R. 523; 4 Mass. R. 108. See, as to other states, 1 Bay, R. 19, 265; 3 Des. Eq. R. 245; 2 Const. R. 584; 2 McCord's R. 413; 3 Call's R. 326.
     3. When the eviction is only partial the damages to be recovered under the covenant of seisin, are a rateable part of the original price, and they are to bear the same ratio to the whole consideration, that the value of land to which the title has failed, bears to the value of the whole tract. The contract is not rescinded, so as to entitle the vendee to the whole consideration money, but only to the amount of the relative value of the part lost. 5 Johns. R. 49; 12 Johns. R. 126; Civ. Code of Lo. 2490; 4 Kent's Com. 462. Vide 6 Bac. Ab. 44; 1 Saund. R. 204: note 2, and 322 a, note 2; 1 Bouv. Inst. n. 656.

References in periodicals archive ?
Chris Afuakwah, spokesman for the Scottish Refugee Council, said: "Wednesday's demonstration in Edinburgh is a show of solidarity with those affected by lock-change evictions in Glasgow.
The first is H.3373, An Act Relative to the Just Cause Eviction of Elderly Lessees, sponsored by Rep.
But a dozen markets outside Massachusetts want to replicate the organization's eviction prevention program.
Campaign group Generation Rent said a combination of rising rents, stagnant wages and declining welfare support had fuelled an increase in evictions in recent years.
The study found no correlation between median rents and the number of evictions, and while reasons for evictions aren't publicly available, they are typically for nonpayment of rent.
Many of these may have been resolved by informal dialogue between the council and the landlord, but a tenant would have still been exposed if the landlord decided to ignore the council and issued an eviction notice.
"The Interior Ministry informed all governors that from now on the evictions are to be coordinated with the Social Affairs Ministry, which will give us the needed time to take proper measures if need be in the future," Kouyoumjian said.
They added: "In many cases in East Jerusalem, including in Sheikh Jarrah, the forced eviction of Palestinians is occurring within the context of Israeli settlement construction and expansion, illegal under international humanitarian law.
The JNMF, a charitable trust, moved the court under Article 226 and Article 227 of the Constitution of India and the Public Premises Act (Eviction of Unauthorised Occupants) Act, 1971, respectively.
A month before the eviction, Phillips started working part-time as a home health aide, making $8.50 an hour.
He said that he advised him to meet SSP and request for police help in the impending eviction operation and request judicial magistrate to supervise the operation to be starting on Saturday or Monday.
The meeting agreed that if the traders of Super Market were subjected to forced eviction, shutter down strike would be observed in the federal capital.