😀
Real Property • Landlord-Tenant
PROP#082
Legal Definition
Actual eviction occurs where the tenant is excluded from entire leased premises, which terminates the tenant's obligation to pay rent.
Plain English Explanation
An eviction is the action of expelling someone from a property. Actual eviction is the actual removal or expulsion of a tenant from property they have leased. When this happens, the tenant is no longer obligated to pay rent.
Hypothetical
Hypo 1: One day, Carl realizes that Bob never checks up on his house, Blackacre. Carl breaks into Blackacre and changes the locks. Carl then offers to rent Blackacre to Amy. Amy accepts. Amy has no idea that Carl doesn't own Blackacre. Amy signs a 6 month lease with Carl to rent Blackacre. After 2 months, Bob realizes Amy is living in his house and has the police remove her. Result: Amy has been actually evicted. Here, Bob is what is known as a "paramount title holder," meaning his right to the land is superior to Amy's right, which gives him the authority to have her removed. Amy no longer has to pay rent and her only remedy is to sue Carl.
Hypo 2: Amy rents an apartment from Bob. She signs a 6 month lease. After 1 month, Bob decides he wants his friend to live in Amy's apartment. Bob knocks on Amy's door, they exchange pleasantries, and then Bob tells Amy, "Hey, funny thing is -- I need you to get the fuck out." Amy is shocked. Amy leaves the apartment to avoid a fight. When she returns, the locks have all been changed. Amy can't get in. Result: Amy has been excluded from the leased premises. She has been actually evicted. She no longer needs to pay rent and can sue Bob.
Hypo 2: Amy rents an apartment from Bob. She signs a 6 month lease. After 1 month, Bob decides he wants his friend to live in Amy's apartment. Bob knocks on Amy's door, they exchange pleasantries, and then Bob tells Amy, "Hey, funny thing is -- I need you to get the fuck out." Amy is shocked. Amy leaves the apartment to avoid a fight. When she returns, the locks have all been changed. Amy can't get in. Result: Amy has been excluded from the leased premises. She has been actually evicted. She no longer needs to pay rent and can sue Bob.
Visual Aids
Related Concepts
How do lease covenants affect a landlord-tenant relationship where one party breaches?
How may a landlord waive a covenant prohibiting assignment?
If a leasehold is condemned or taken via eminent domain, what is the effect on a tenant's duty to pay rent?
If an assignment occurs, what is the relationship between the assignee and the landlord?
If a tenant breaches one or more of their duties, what remedies are available to the landlord?
If a tenant violates a covenant against assignment or sublease, what remedies are available to the landlord?
In a landlord-tenant relationship, who has a duty of restoration when the premises being leased are destroyed due to no fault of either party?
In assessing a landlord's tort liability, what six duties does a landlord have to make the premises safe?
In assessing a landlord-tenant issue, what is an assignment?
In assessing a landlord-tenant relationship, what are the landlord's duties?
In assessing a landlord-tenant relationship, what are the tenant's duties?
In assessing a landlord-tenant relationship, what is the result of a tenant's covenant to repair?
What are the exceptions to the hold-over doctrine?
What constitutes a constructive eviction?
What constitutes a partial eviction?
What is a landlord's duty to deliver possession?
What is a landlord's duty to provide quiet enjoyment?
What is a landlord's duty to repair?
What is a leasehold estate?
What is a periodic tenancy and how does it terminate?
What is a retaliatory eviction?
What is a sublease?
What is a tenancy at sufferance and how does it terminate?
What is a tenancy at will and how does it terminate?
What is a tenancy for years and how does it terminate?
What is a tenant's duty to not use the premises for an illegal purpose?
What is a tenant's duty to pay rent, and how does it affect their security deposit?
What is a tenant's duty to repair?
What is the hold-over doctrine?
What is the implied warranty of habitability, and what remedies are available to the tenant if breached?
When does a covenant run with the land?
When does a tenant cause ameliorative waste?
When does a tenant cause permissive waste?
When does a tenant cause voluntary waste?
