This page is continued from Tenancy >>>> Possession >>>> Adverse Possession >>>> interruption of possession (or prescription):
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eviction:
(16c)
1. The act or process of legally dispossessing a person of land or rental property. [1]
Dispossession, actual or constructive. A term with peculiar reference to a tenant, being the disturbance of his possession, his expulsion or amotion, depriving him of the enjoyment of the demised premises, or any portion thereof, by title paramount or by entry and act of the landlord. 32 Am Jlst L & T §245.
A breach of covenant of quiet enjoyment. 20 Am J2d Cov § 101.
A breach of a covenant of warranty. 20 Am J2d Cov § 54. [2]
1. The act of putting a tenant out of possession of premises that she has leased. [3]
actual eviction – physical expulsion (dispossession) of a person from land or rental property, as distinguished from constructive eviction.
eviction by paramount title – eviction by judicially establishing title superior to that under which the possessor claims, by evidence of one’s deed. — aka eviction by title paramount.
summary eviction – a prompt, juryless trial (for an eviction) using a simplified legal procedure.
retaliatory eviction – (1966) An eviction — nearly always illegal — commenced in response to a tenant’s complaints or involvement in activities with which the landlord does not agree. [1]
1. The eviction of a tenant because she complained to the landlord or took legal action with respect to a claimed breach of the lease by the landlord. Eviction for such a reason is illegal in many jurisdictions. [3]
total eviction – (1832) An eviction that wholly deprives the tenant of any right in the premises. [1]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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