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If an evicted tenant refuses to leave the property, landlords cannot create a hostile environment that would force a tenant to leave the property, a process known as "constructive eviction". [47] For example, landlords may not change a tenant's locks, cut off water or heat, or shut off other essential utilities. [48]
If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property. A landlord cannot legally evict a tenant without obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict a tenant from the property.
The Landas have taken Flores, aged 32, to landlord-tenant court to try and get him evicted — but five hearings in civil court later and the couple are yet to achieve that goal.
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Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
A 96-year-old was given a three-day eviction notice from the establishment she has lived in for two decades. Jean Jacques has lived at the Pacific Grove Senior Living in California, USA, for 22 ...
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