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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 ...
[1] Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, false, or improper matter inserted in any pleading." [ 2 ] A motion to strike may also be used to request the elimination of all or a portion of a trial witness's testimony.
Just cause eviction, also known as good cause eviction, describes laws that aim to provide tenants protection from unreasonable evictions, rent hikes, and non-renewal of lease agreements. These laws allow tenants to challenge evictions in court that are not for "legitimate" reasons. [ 1 ]
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.
So, the worst case scenario occurred after the federal government lifted the eviction moratorium put in place during the pandemic. You fell too far behind in rent, could not recover, and now your
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage).
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 ...
A legal eviction will nearly always go on an evictee's permanent record, barring them from future housing opportunities. [69] When an eviction is filed in the court system, this record becomes available to landlords. Landlords can look up the records of prospective renters through a tenant screening report. [1]