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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 ...
State law and, in some places, city law or county law, sets the requirements for eviction of a tenant. Generally, there are a limited number of reasons for which a landlord or landlady can evict his or her tenant before the expiration of the tenancy, though at the end of the lease term the rental relationship can generally be terminated without ...
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.
The law requires that landlords act in "in good faith to take the unit permanently off the rental market" when withdrawing a property from the rental market. A family in Los Angeles successfully sued the landlord and, in a jury trial, won the right to remain in the rental, because they demonstrated that the landlord was not acting in good faith ...
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