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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

eviction

the recovery of land.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Rift Valley leaders led by Senate Majority Leader Kipchumba Murkomen had on Tuesday accused Mr Tobiko having vested interests in the eviction of those living in Mau and asked President Kenyatta to state his position on the matter.
Glasgow City Council's leader Susan Aitken recently warned that evictions could lead to a "humanitarian crisis", while the Scottish Government has written to new Home Secretary Priti Patel, urging her to ensure that people who reach the end of the asylum process are not left destitute.
"We make an average of a $700 payment to stop the eviction and buy some time.
The next Big Brother Naija eviction show holds on Sunday, July 21, and voting is officially open!
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.
Even when a severe hazard - such as mould or broken stairs - is found in a rented home, tenants only get protection from eviction in one in every five cases.
Summary: Conflicting accounts emerged Monday around the circumstances of the forced eviction and demolition of an informal refugee settlement in the Batroun town of Kouba.
Today, the EU Heads of Missions in Jerusalem and Ramallah visited the Sabbagh family, who is under threat of eviction from their home in the Sheikh Jarrah neighbourhood in East Jerusalem.
The Mau evictions have in the past sparked off a political storm that resulted to verbal clash between Ruto and AU's special envoy and ODM leader Raila Odinga's allies.
"Evictions get us nowhere and Travellers feel like they are being persecuted for simply trying to survive.