Eviction Process


An eviction is a process by which a tenant is deprived of the use and enjoyment of leased premises. The usual grounds for eviction are nonpayment of rent, expiration of the lease term, violation of lease provisions, or termination of the landlord's interest in the property- for example, when the property is taken by governmental action under the right of eminent domain.

In an actual eviction, the tenant is summarily deprived of physical possession of the premises. Constructive eviction legally permits a tenant to abandon the premises and excuses him from further payment of rent if a landlord has been substantially negligent or delinquent, as in the failure to provide heat or water. In a total eviction, the tenant is deprived of the entire premises. A partial eviction deprives him of a portion of the premises, but in most states this suspends his obligation to pay any rent. In other states he can either abandon the premises or pay a proportion of the rent.

In most states a landlord may remove a tenant without the use of legal process if such self-help eviction can be accomplished peacefully.

Where a tenant refuses, most states have enacted summary eviction proceedings to provide a speedy, inexpensive, and equitable method of removing a tenant, if justified. After a trial in summary proceedings, the landlord, if successful, obtains a judgment and a warrant of eviction that authorizes a marshal or sheriff to remove the tenant and return possession of the premises to the landlord.

More by this Author

  • Everything You Ever Wanted To Know About Poop

    Poop aka Stools aka Feces. This is the term applied to the discharges from the bowel. They are also referred to as "motions."

  • Blacksmithing

    A Blacksmith is someone who works in iron with a forge. Those making metal into tools and other objects by heating in a forge and hammering on an anvil were important in 19th-century building construction when many...

  • Kinds of Nails and Their Uses

    Nails, used since ancient times, are still the fasteners most commonly used for joining wood, especially in building wood-frame houses. More than 60,000 nails may be used in a five-room house.


No comments yet.

    Sign in or sign up and post using a HubPages Network account.

    0 of 8192 characters used
    Post Comment

    No HTML is allowed in comments, but URLs will be hyperlinked. Comments are not for promoting your articles or other sites.

    Click to Rate This Article