unlawful detainer – unjustifiable retention of the possession of real property by one whose original entry was lawful

     This page is continued from Tenancy >>>> Possession>>>> Adverse Possession >>>> interruption of possession (or prescription):

*************************

unlawful detainer:
(18c.)

1. The unjustifiable retention of the possession of real property by one whose original entry was lawful, as when a tenant holds over after lease termination despite the landlord’s demand for possession. [1]

1. The unlawful withholding or detention of real property after the acquisition of a peaceable and actual, but unlawful, possession35 Am J2d Forc E & D § 32. [2]

1. Remaining in possession of real property after one’s right to do so no longer exists.  EXAMPLE: the act of a tenant who refuses to leave his apartment after his lease has expired. [3]

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.

************************

Back to Interruption of Possession (or Prescription)

Back to Adverse Possession

Back to Possession

Back to Tenancy

Back to Property

Home Page

Like this website?

Offer a contribution to Wild Willpower PAC

 

Disclaimer: Wild Willpower PAC does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!