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):

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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.

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