Ouster – the wrongful dispossession or exclusion of someone from property

     Wrongful evictions are a type of Personal injury and they’re a Deprivation of Rights.

eviction:

Dispossession by process of law ; the act of depriving a person of the possession of lands which he has held, in pursuance of the judgment of a court.  Technically, the dispossession must be by judgment of law; if otherwise, it is an ouster.  The abandonment which one is obliged to make of a thing, in pursuance of a sentence by which he is condemned to do so.” [1] “(16c.) The act or process of legally dispossessing a person of land or rental property.” [2]

ouster:

(16c.) 1. The wrongful dispossession or exclusion of someone from property. 2. Removal from a position of power; especially, the removal of a public or corporate officer from office.”

Types of Wrongful Evictions:

Constructive Eviction – a landlord’s act of making premises unfit for occupancy, often with the result that the tenant is compelled to leave.

Retaliatory Eviction – a nearly always illegal eviction that is commenced in response to a tenant’s complaints or involvement in activities with which the landlord disapproves of.

To be sorted:

partial eviction. (18c) An eviction,either constructive or actual, from a portion of a tenant’s premises.

summary eviction. (1907) An eviction accomplished through a simplified legal procedure, without the formalities of a full trial.

total eviction. (1832) An eviction that wholly deprives the tenant of any right in the premises.

    Landlords & governing agencies must adhere to legally defined procedure in order to evict someone(s) from a parcel of land.  Tenants, or others considered in “possession” of a property can otherwise suffer property loss &/or have their lives endangered due to sudden displacement when not given ample time to relocate.  “Wrongful evictions” are a type of personal injury case.

Learn More:

Wrongful Eviction Cases from LegalMatch

How to Fight Wrongful Eviction Cases

Wrongful Eviction Cases from WhoCanIsue.com

Wrongful Eviction Cases from Nolo.com

Step-by-Step: What to Do If You Suffered Loss as a Wrongfully Evicted:

  1. Type a testimony regarding your experience.  When did you arrive?  Why did you come?  When & how were you informed that you needed to leave?  Did you lose any property as a result of the wrongful eviction?  Type as much as you can remember.
  2. Write an itemized list containing each piece of property you lost that was deprived from you as a result of being wrongfully evicted, & write an approximate price it would cost you to replace each item next to each item on the list if you had to go replace each piece of property.  Be honest.
  3.  If you were wrongfully evicted by a Federal Agency, download & fill out this FEDERAL TORT FORM SF95.  If it were a state agency or individual, more information coming soon.

References:

[1]: Black’s Law Dictionary Second Edition, “EVICTION”: http://thelawdictionary.org/eviction/

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

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