Also known as: evict · evicts · evicted · evicting · evictions
Written by attorneys · grounded in primary & secondary sources — see below
The act or process of legally dispossessing a person of land or rental property. Actual eviction involves physical expulsion. Constructive eviction occurs when a landlord renders premises unfit for the contemplated use, compelling the tenant to leave.
Elena Estrada leased warehouse space from Emerald Enterprises and took possession. A third party then obtained a court judgment establishing superior title and physically removed Elena from the premises. Elena may recover damages or terminate the lease because the eviction deprived her of the use the parties contemplated.
Evelyn Ellison leased an entire floor of an office building from Eclipse Manufacturing. City inspectors condemned and closed off one wing due to structural defects traceable to the landlord. Evelyn may continue the lease for the un-evicted portion while obtaining rent abatement and damages for the lost space.
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Elliot Edmonds faced an eviction action for nonpayment after his landlord failed to repair code violations. State law prevented him from raising the landlord's breach of the habitability duty as a defense. The court proceeded with eviction without considering the condition of the premises.
Ethan Evans owned a mobile home in a park owned by Enigma Technologies. The park owner sought to terminate the tenancy to change the land use. State law restricted the permissible grounds for termination and required specific procedures before any eviction could occur.
Edith Eberhardt faced eviction from her apartment after complaining about building conditions. She alleged the landlord's action was racially motivated and sought to enjoin the proceeding under state civil rights statutes. The court examined whether the eviction violated those protections.
Ewan Eckhart stopped paying rent after his landlord ignored repeated housing code violations that made the apartment uninhabitable. When the landlord brought an eviction action for nonpayment, Ewan offered evidence of the violations. The court allowed the defense and denied eviction.
The tenant may terminate the lease and recover damages or, if the eviction affects only part of the premises, continue the lease for the remainder and obtain rent abatement plus damages.
In some jurisdictions the defense is allowed and may defeat the eviction. In others statutes bar the defense and force the tenant to pursue separate claims.
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Yes. A policy requiring firearms to remain unloaded and locked at all times, enforced by threat of eviction, operates as a ban on functional handguns in the home and cannot stand.
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A lawyer may withdraw when the client insists on action the lawyer finds repugnant or with which the lawyer has a fundamental disagreement, even if the underlying eviction is lawful.
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…the District of Columbia Court of General Sessions ruled proof of such violations inadmissible when proffered as a defense to an eviction action for nonpayment of rent. The District of Columbia Court of Appeals upheld this ruling. Saunders v. First National Realty Corp. , 245 A.2d 836 (1968). Because of the importance of…