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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 ...
Free sale—meaning a tenant could sell the interest in his holding to an incoming tenant without landlord interference; Fixity of tenure—meaning that a tenant could not be evicted if he had paid the rent; Fair rent—meaning rent control: for the first time in the United Kingdom, fair rent would be decided by land courts, and not by the ...
By billing only the owner, they can place liens on real property if not paid (as opposed to tenants they may not know exist or who have little to lose if they move without paying). Utilities also generally prefer not to have water meters beyond their easement (i.e., the property boundary), since leaks to a service line would be before the meter ...
Landlord–tenant law governs the rights and responsibilities of leasehold estates, like in an apartment complex. Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and ...
Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant who has standing to sue for eviction and/or damages, and not the landlord. The tenant may not cancel the lease or refuse to pay rent due to the landlord for the time that the ...
Most jurisdictions do not permit the landlord to evict a tenant without first taking legal action to do so (commonly referred to as a "self-help" eviction; such actions include changing locks, removing items from the premises, or terminating utility services). Such evictions are generally illegal at any time during the process (including after ...
Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. [1] Landlords may also choose not to renew a tenant's lease, however, this does not constitute an eviction. [2] In the United States, eviction procedures, landlord rights, and tenant protections vary by state and locality. [2]
Warren v Keen is an English Landlord–tenant law case concerning the obligations of both parties. It is still good law and is well known for Lord Denning's ruling on a tenant's duty to use the let property in a tenant-like manner.