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First, any eviction proceedings in which the landlord obtained a judgment of possession prior to the filing of the bankruptcy petition may be continued. Second, eviction proceedings filed after bankruptcy proceedings are exempt if the proceeding involves evicting the tenant on the basis of using illegal substances or "endangerment" of the property.
Eviction rates are also linked to the racial concentration of neighborhoods. The RVA Eviction Lab, in Richmond, Virginia, estimates that as the proportion of a neighborhood's black population increases by 10%, eviction rates would increase by 1.2%. [63] Hispanic renters also face higher filing and eviction rates than their white counterparts.
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 ...
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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.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
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