Dictionary of Law
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eviction :: legal definition


Eviction - n. a generic word for the act of expelling (kicking out) someone from real property either by legal action (suit for unlawful detainer), a claim of superior (actual) title to the property, or actions which prevent the tenant from continuing in possession (constructive eviction). Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent or a tenant who has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy.

See also: adverse possession constructive eviction lease unlawful detainer and Related Law Terms ↓


Related Law Terms

abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
constructive eviction :: n. when the landlord does not go through a legal e ... e door shut. See also: constructive
constructive possession :: n. when a person does not have actual possession, ... possession. See also: constructive
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
lessee :: n. the person renting property under a written lea ... lord and tenant lease lessor tenant
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent
tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy."
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - E

earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress."
EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report
ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft
embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment