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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 ...
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 ]
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 ...
The court granted the eviction but ordered that alternative accommodation be provided to the occupiers. In Port Elizabeth Municipality v Various Occupiers, the municipality sought an eviction order against unlawful occupiers of municipal land, at the behest of adjacent land owners. The High Court granted the order, but on appeal to the Supreme ...
In England and Wales, a Section 8 notice, [1] also known as a Section 8 notice to quit or Form 3, is a notice required to be given in England and Wales by the landlord to the tenant of an assured tenancy or assured shorthold tenancy who wishes to obtain a possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession under ...
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).
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