Eviction in United States
Eviction Definition
Depriving a person of the possession of his lands or tenements. Technically, the dispossession must be by judgment of law; if otherwise, it is an ouster (32 Iowa, 71), but in modern usage it is commonly applied to dispossession in any manner (44 N. Y. 382; 39 Cal. 360; 98 N. C. 239.) Eviction may be total or partial.
(1) Total eviction takes place when the possessor is wholly deprived of his rights in the premises.
(2) Partial eviction takes place when the possessor is deprived of only a portion of them; as, if a third person comes in and ejects him from the possession of half his land, or establishes a right to some easement over it, by a title which is prior to that under which he holds. It may be actual or constructive.
(3) Actual eviction is where one is, either by force or by process of law, actually put out of possession.
(4) Constructive eviction is such acts of wrongful interference as seriously impair the enjoyment of the premises. 132 Mass. 367; 20 N. Y. 281. Thus, the erection by the landlord on the demised premises, of a permanent structure, which rendered two rooms in the demised house unfit for use, is a constructive eviction. 106 Mass. 201.
Eviction in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Eviction | Eviction in the World Legal Encyclopedia. |
| Eviction | Eviction in the European Legal Encyclopedia. |
| Eviction | Eviction in the Asian Legal Encyclopedia. |
| Eviction | Eviction in the UK Legal Encyclopedia. |
| Eviction | Eviction in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Eviction
Scan Eviction in the appropriate area of law:
| Link | Description |
|---|---|
| Eviction | Eviction in the Family Law Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the IP Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Commercial Law Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Criminal Law Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Antritrust Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Tax Law Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Eviction | Eviction in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Eviction in the Dictionaries | Eviction in our legal dictionaries |
| http://lawi.us/eviction | The URI of Eviction (more about URIs) |
| Eviction related entries | Find related entries of Eviction |
Legal Issue for Attorneys
Depriving a person of the possession of his lands or tenements. Technically, the dispossession must be by judgment of law; if otherwise, it is an ouster (32 Iowa, 71), but in modern usage it is commonly applied to dispossession in any manner (44 N. Y. 382; 39 Cal. 360; 98 N. C. 239.) Eviction may be total or partial.
(1) Total eviction takes place when the possessor is wholly deprived of his rights in the premises.
(2) Partial eviction takes place when the possessor is deprived of only a portion of them; as, if a third person comes in and ejects him from the possession of half his land, or establishes a right to some easement over it, by a title which is prior to that under which he holds. It may be actual or constructive.
(3) Actual eviction is where one is, either by force or by process of law, actually put out of possession.
(4) Constructive eviction is such acts of wrongful interference as seriously impair the enjoyment of the premises. 132 Mass. 367; 20 N. Y. 281. Thus, the erection by the landlord on the demised premises, of a permanent structure, which rendered two rooms in the demised house unfit for use, is a constructive eviction. 106 Mass. 201.
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Notice
This definition of Eviction Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Eviction as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
Removal of a tenant from rental property by a law enforcement officer.
Practical Information
Note: Some of this information was last updated in 1982
The dispossession of tenant from the use and possession of real property (in U.S. law). There are two forms of eviction: (a) actual eviction, by which the landlord forces the tenant to quit the property in advance of the termination of the lease; and (b) constructive eviction, where the tenant is forced to leave the property because it has become uninhabitable or not useful for the purpose for which leased (destruction by fire, for example). Both types of eviction are subject to widely varied laws and to specific agreements written into the contract. See also forcible entry and detainer ejectment (in U.S. law).
What is Eviction?
For a meaning of it, read Eviction in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Eviction.
Cause of Action by Residential Landlord to Evict Tenants or Other Occupants: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action by Residential Landlord to Evict Tenants or Other Occupants, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
See Also
Further Reading (Articles)
EVICTIONS INCREASING SOME METRO COUNTIES AT A FIVE-YEAR HIGH AS WORKING POOR STRUGGLE.(News), Rocky Mountain News (Denver, CO); December 30, 2004; Aguilar, John Miller, Jennifer
Eviction totals reach a plateau in Lake County, The News Sun – Waukegan (IL); August 30, 2013
Eviction situations too complicated for Davis
Eviction in State Statute Topics
Introduction to Eviction (State statute topic)
The purpose of Eviction is to provide a broad appreciation of the Eviction legal topic. Select from the list of U.S. legal topics for information (other than Eviction).
Cause of Action by Residential Landlord to Evict Tenants or Other Occupants: an Overview
This se
ction examines this type of action. This subject identifies the various elements of the Cause of Action by Residential Landlord to Evict Tenants or Other Occupants, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
Further Reading
- Information about Eviction in the Gale Encyclopedia of American Law.
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