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The right of the landlord to enter if the tenant appears to have abandoned the premises sometimes causes a problem when tenants are moving out. The tenant may have moved out most of their furniture and intend to return to pick up the last few things and clean up the apartment before turning in the keys.
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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 ...
In the United States, eviction procedures, landlord rights, and tenant protections vary by state and locality. [2] Historically, the United States has seen changes in domestic eviction rates during periods of major socio-political and economic turmoil—including the Great Depression , the 2008 Recession , and the COVID-19 pandemic .
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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 police then contact the agent to arrange a time to go to the property, see the tenants off the premises, change the locks and formally take possession.
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