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Dispossessed SynonymsEviction - Wikipedia. Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that eviction, as with ejectment and certain other related terms, has precise meanings only in certain historical contexts (e. English common law of past centuries), or with respect to specific jurisdictions. In present- day practice and procedure, there has come to be a wide variation in the content of these terms from jurisdiction to jurisdiction. One should not assume that all aspects of the discussions below will necessarily apply even in all states or other common law jurisdictions. The eviction process. Such evictions are generally illegal at any time during the process (including after a landlord wins an eviction suit); a tenant facing such measures may sue the landlord. However, self- help evictions may be permitted in some jurisdictions when commercial tenants are involved, as opposed to residential tenants. Prior to filing a suit in court for eviction, generally the landlord must provide written notice to the tenant (commonly called a notice to quit or notice to vacate). A landlord may evict a tenant . In some jurisdictions, landlords may not be able to terminate a lease without cause (such as in rent control jurisdictions). Where the law permits, a landlord and tenant may agree to a different period of time for notice requirements than specified in the law. Lawsuit and trial. Other jurisdictions may simply require the tenant to appear in court on a specified date. Eviction cases are often expedited since the issue is time- sensitive (the landlord loses rental income while the tenant remains in possession). A jury trial may be requested by either party, however until the late 2. By filing an answer or appearing in court, the tenant may state his or her side of the story, and provide affirmative defenses, such as the landlord not giving proper notice to vacate or that rent was paid. If the judge or jury sides with the tenant, the tenant remains in possession of the property, but the judge or jury may still order any past due rent to be paid, plus any fees and costs. If the landlord wins, the tenant must then move within a specified time, generally less than a week, although the tenant can ask for a stay of execution or appeal the verdict. In some jurisdictions where a tenant has failed to pay rent, the law may allow the tenant a right to redemption, which means that the tenant may avoid eviction and remain in the property by paying the full amount of rent due, plus all other fees owed to the landlord as awarded by the court, by a specified date. Solomon Plaatje was one of the leading figures who vigorously opposed the Natives Land Act. Removal from the property. The officer then posts a notice for the tenant on the property that the officer will return on a specified day to remove the tenant from the property if the tenant has not moved. On that day, if necessary, the officer may physically remove the tenant and any other people on the property (though some jurisdictions will not enforce the writ if, on that day, inclement weather is taking place). The rental property is then turned over to the landlord. Depending on the jurisdiction, even after eviction the landlord may still bring suit against a tenant for . In California, for example, the Ellis Act has impacted cities such as San Francisco, Santa Monica and Los Angeles. For example, Seattle's ordinance requires a court order (and in some cases relocation assistance) and allows evictions for. You betcha Pat Buchanan: 'Big Media is the power that sustains the forces of globalism' Published: 10/17/2016 at 6:24 PM. February 21, 2017 @ 6:23 AM By Hannah Hargrave. David Cassidy’s Partridge Family costar Danny Bonaduce has lent his support in the wake of his TV. The Nobel Prize in Literature 2009 was awarded to Herta Müller "who, with the concentration of poetry and the frankness of prose, depicts the landscape of the. Dispossessed DefineA Section 8 Notice provides a landlord with authority to bring a possession claim in the County Court, nearly always against a tenant who has breached their tenancy agreement. Only in certain restricted cases is the Court obliged to order possession - typically where more than 2 months' or 8 weeks' rent arrears are owed (a . But serious breaches which are not seen as capable of remedy by the Court will still result in an eviction which will take effect within a few weeks. There is also the section 2. Notice procedure, which differs from a section 8 notice as it can only be acted on after the fixed term of the tenancy has elapsed, whereas a section 8 can be served and acted on during the fixed term of the Assured Shorthold tenancy, or (if there is no fixed term) even during the first 6 months. The s. 2. 1 Notice requires no fault on the part of the tenant in order for it to be served and acted upon, but if it is correctly served, the tenant has no defence in court. Most private sector landlords rely on the s. Court hearing if the tenant has no defence. Some Housing Associations and Housing Trusts (a. Registered Providers of Social Housing) in the not- for- profit sector also use Ground 8 and s. As a rule, private sector tenancies that began before 1. February 1. 98. 9 are still subject to the Rent Act 1. In the public sector (. A similar procedure of pre- litigation Notices setting out the grounds on which possession is sought applies, though. Under the 1. 98. 5 Act, the Court is only obliged to evict a lawful tenant if there is alternative accommodation available to them, though serious and/or irremediable cases of tenant misbehaviour or high rent arrears may also result in the Court deciding that an eviction within a few weeks is the only just remedy. Some tenants fall outside the statutory regimes for various reasons (some simple, some technical), and the foregoing procedures do not need to be followed, though as a rule a Court Order is required for all but the most temporary sorts of accommodation. Once the time for giving up possession has expired under the relevant Court Order, a warrant enforced by an Enforcement Officer is usually needed to remove any remaining occupiers. Homeowners who occupy a property under a mortgage; or who hold a long residential lease (. If the property turns out to be used by someone else, the owner needs a new eviction order. It is unclear how cases are treated where the identity of a squatter is unknown. Self- help eviction is only allowed if it is clear that the tenant or squatter has moved out but refuses to return their keys. Landlords are not allowed to keep a spare or master key when renting out an apartment. United States. See each state and local city municipal codes for the rules of unlawful detainer by determining the venue of the court in which the eviction was filed (Superior Court system) for complete processes. Australia. Laws are state- specific and differ slightly from state to state. The eviction process is, however, broadly generic. It is unlawful to lock out a tenant or force him or her out of the property without securing an eviction order from a judicial authority. The landlord has to serve a notice on the tenant, requiring him or her to vacate the place by the end of the notice period. The notice has to outline a valid ground. If the tenant doesn’t leave, the landlord has to secure an order from a court or rent officer authorizing the end of the rental agreement. The law in most states protects tenants if the landlord is not acting in good faith and forcing the tenant to leave because the latter registered a complaint with public authorities against the owner to enforce his or her tenancy rights. Tenants can move a court to argue at the end of the rental agreement. The Australian law also takes into account hardship a tenant will likely go through after being vacated from a rental due to age, unavailability of alternative accommodation or illness. A tenant can ask the court for the eviction order to be suspended on these grounds temporarily for a few days. |
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