Legal Definition and Related Resources of Eviction

Dispossession of a tenant by a landlord . An expulsion by the assertion of a paramount title or by process of law. A physical expulsion is not always necessary, for any disturbance in or deprivation or cessation of the possession of the tenant is sufficient to constitute eviction. See realty Corp. v Allied instrument Corp., 210 N. Y. S. 2d 626.

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.

noun

• act of driving out
• act of throwing out
• deprivation of possession
• dislodgment
• dispossession
• divestment
• ejection
• ejectment
• entry under paramount title
• evictio
• expulsion
• extrusion
• forcible expulsion from property
• intentional exclusion of lessee
• ouster
• ouster by paramount title
• recovery of property from another’s possession
• removal
• takeover of property Associated Concepts: abandonment of possession
• actual eviction
• breach of covenant of quiet enjoyment
• constructive eviction
• eviction by paramount title
• partial eviction
• total eviction
• unlawful eviction foreign phrases: Sive tota res evincatur
• sivepars
• habet regressum emptorin venditorem
• The purchaser who has been evicted totally or in part has an action against the vendor

noun

• act of driving out
• act of throwing out
• deprivation of possession
• dislodgment
• dispossession
• divestment
• ejection
• ejectment
• entry under paramount title
• evictio
• expulsion
• extrusion
• forcible expulsion from property
• intentional exclusion of lessee
• ouster
• ouster by paramount title
• recovery of property from another’s possession
• removal
• takeover of property Associated Concepts: abandonment of possession
• actual eviction
• breach of covenant of quiet enjoyment
• constructive eviction
• eviction by paramount title
• partial eviction
• total eviction
• unlawful eviction foreign phrases: Sive totares evincatur
• sivepars
• habet regressumemptorinvenditorem
• The purchaser who has been evicted totally or in part has an action against the vendor

Browse or run a search for Eviction in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Eviction in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Eviction in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Eviction in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Quiet Enjoyment.

Translate Eviction from English to Spanish

Translation of Eviction , with examples. More about free online translation into Spanish of Desalojo and other legal terms is available here.

• Desalojo
• Deshaucio
• Expropiación de bienes por sentencia judicial
• Expulsión
• Lanzamiento
• Legal English Translation

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Related topics	Eviction in the World Encyclopedia of Law

Notice

This definition of Eviction is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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https://legaldictionary.lawin.org/eviction/	The URI of Eviction (more about URIs)

English Spanish Translation of Eviction

Desalojo

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Eviction) and the Word reference legal translator.

Eviction in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of eviction.

Resources

See Also

• Law Enforcement Officer
• Policeman
• Law Enforcement Agency

Further Reading

• eviction in A Dictionary of Law Enforcement (Oxford University Press)
• eviction in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Eviction

In the context of the English law, A Dictionary of Law provides the following legal concept of Eviction :

The removal of a tenant or any other occupier from occupatio Under the Protection from Eviction Act 1977 the eviction of a *residential occupier, other than by proceedings in the court, is a criminal offence. It is also an offence to harass a residential occupier to try to persuade him to leave (See harassment of occupier). Note that it has recently been confirmed that if it is possible for a mortgagee to recover possession peaceably, no court order is necessary. Many tenants have statutory protection and the landlord must prove to a court that he has appropriate grounds for possessio Under the Housing Act 1988 a tenant may claim damages for unlawful eviction.

See also agricultural holding; assured shorthold tenancy; assured tenancy; business tenancy; long tenancy; protected tenancy; secure tenancy; restricted contract; trespass.

The Protection from Harassment Act 1997 allows the court to impose a restraining order against a tenant who is harassing a neighbour, which might require the harasser to be evicted (See nuisance neighbours).

Concept of Eviction in the context of Real Property

A short definition of Eviction: A court action to remove one from possession of real pro-perty. Most commonly, the removal of a tenant.

Concept of Eviction in the context of Real Property

A short definition of Eviction: A court action to remove one from possession of real pro-perty. Most commonly, the removal of a tenant.