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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.
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 ...
A landlord may commence an action through the courts to evict a tenant. Eviction normally takes the form of a lawsuit, requiring an initial notice to a tenant, followed by court proceedings in which the tenant may contest the eviction and potentially file a counter-claim.At the conclusion of the eviction process, if the landlord prevails, the ...
Gabe Imondi, a 74-year-old landlord from Rhode Island, had come to court hoping to get his apartment back. He was... View Article The post Landlords, tenants fill courts as eviction moratorium ...
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 ...
New Jersey passed the Anti-Eviction Act of 1974, becoming the first state to enact a just cause eviction law. [1]California passed the Tenant Protection Act of 2019 to remedy the state's housing shortage, leading to renewed interest in utilizing just cause eviction laws to counteract the national housing crisis.
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