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Eviction in the United States refers to the pattern of tenant removal by landlords in the United States. [1] In an eviction process, landlords forcibly remove tenants from their place of residence and reclaim the property. [2] Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. [1]
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.
The tenant screening process typically begins when the prospective tenant (each adult applicant) completes a rental application and pays an application fee and perhaps a holding deposit. Rental applications are designed to collect personally identifying information (name, social security number, date of birth, etc.), address, employment ...
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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 ...
By John Kruzel. WASHINGTON (Reuters) -The U.S. Supreme Court declined on Tuesday to hear a bid by landlord groups to challenge rent stabilization laws in New York City that cap rent hikes and make ...
The Ellis Act (California Government Code Chapter 12.75) [1] is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue providing rental housing.
In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. 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 ...