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In the case Imperial Colliery Co. v. Fout, [8] the West Virginia Supreme Court reaffirmed that retaliatory eviction was a valid defense against eviction, but added the condition that the retaliation must be against a tenant's exercise of a right incidental to their tenancy. Therefore, a defense of retaliatory eviction did not exist for a tenant ...
So, the worst case scenario occurred after the federal government lifted the eviction moratorium put in place during the pandemic. You fell too far behind in rent, could not recover, and now your
New Jersey was the first state to pass a just-cause eviction law in 1974. [1] Interest in these laws has grown in recent years with California passing a just-cause eviction law in 2019 [4] and Oregon passing a bill enumerating valid causes for evicting tenants the same year. [5] Washington passed a similar bill in 2021. [6]
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 ...
For example, the federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, disability, or familial status. [49] While eviction laws vary by region, most state and local legislation mirrors the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant ...
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