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Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
Unlawful eviction is the deprivation of occupation of a residential occupier of any premises of his occupation or any part of it or attempts to do so :s1(2) of 1977 Act. Actions such as changing the locks R v Yuthiwattana (1984) 16 HLR 49, CA or locking a lavatory door R v Burke (1991) 22 HLR 433, HL all constitute unlawful eviction.
The term "unlawful combatant" came into public awareness during and after the War in Afghanistan (2001–present), as the U.S. detained members of the Taliban and al-Qaeda captured in that war, and determined them to be unlawful combatants. This had generated considerable debate around the globe. [6]
Detainer (from detain, Latin detinere); originally in British law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison ; it was superseded by ...
So that the owner does not have to be personally named as the plaintiff in the unlawful detainer lawsuit, the property management contract includes an assignment of the right of possession so that the property management company may be the named plaintiff in the unlawful detainer action.
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In American landlord–tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord.If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation for reporting the poor housing conditions.
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