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Detainer (from detain, Latin detinere); originally in British law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison; it was superseded by ...
Erik Henningsen's painting Eviction held by the National Gallery of Denmark.1892 RIC and Hussars at an eviction-Ireland 1888 Two men with children, being evicted, stand with their possessions on the sidewalk, circa 1910, on the Lower East Side of New York City. Eviction is the removal of a tenant from rental property by the landlord.
Once an individual has rented an apartment, they have legal possession of it for the duration of their tenancy. The landlord must give the tenant reasonable notice before he can enter the tenant's private home. Originally, in an agricultural society, the law expected the landlord to rent the property to a tenant and then leave the tenant alone ...
Individuals may resort to self-help when they retrieve property under the unauthorized control of another person or abate nuisances, such as using sandbags and ditches to protect land from flooding. A self-help eviction refers to a commercial landlord's common law right to peaceably reenter their property to evict a defaulting tenant or other ...
The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive Eviction does not have to be intentional by the landlord, and acts can range from failure to remove pests or fix necessary appliances, to changing locks or creating a hostile environment.
A legal eviction will nearly always go on an evictee's permanent record, barring them from future housing opportunities. [69] When an eviction is filed in the court system, this record becomes available to landlords. Landlords can look up the records of prospective renters through a tenant screening report. [1]
A deed in lieu of foreclosure is a deed instrument in which a mortgagor (i.e. the borrower) conveys all interest in a real property to the mortgagee (i.e. the lender) to satisfy a loan that is in default and avoid foreclosure proceedings. The deed in lieu of foreclosure offers several advantages to both the borrower and the lender.
The detention decision directly made by the people's court is a judicial compulsory measure, based on the Civil Procedure Law or the Administrative Procedure Law. The maximum period is 20 days, and the court will deliver the detainee to the administrative detention facility of the public security department for execute.