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If the tenant is on a fixed term tenancy and their lease is coming to an end, a landlord will be required to give them a valid notice to vacate. The period of this notice varies from state to state. If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property.
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 ...
Eviction in the United States refers to the pattern of tenant removal by landlords in the United States. [1] In an eviction process, landlords forcibly remove tenants from their place of residence and reclaim the property. [2] Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. [1]
A tenancy at sufferance (sometimes called a holdover tenancy) is created when a tenant wrongfully holds over past the end of the duration period of the tenancy (for example, a tenant who stays past the expiration of his or her lease). In this case, the landlord can hold over the tenant to a new tenancy, and collect rent for the period the ...
Over time, actions of ejectment were applied to try land claims in place of older real actions such as the assize of novel disseisin.A practice developed of trying the title to ownership of land by means of a special ejectment chiefly for ensuring a low court and had the added advantage of some confidentiality among the landed gentry.
The landlord does have some protection. Any damage to the real property caused by the tenant's removal of trade fixtures must be repaired or paid for by the tenant. If a trade fixture is not removed when the tenant moves out, those trade fixtures become the landlord's property through the process of accession. For example, if a restaurant goes ...