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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 ...
Such evictions are generally illegal at any time during the process (including after a landlord wins an eviction suit); a tenant facing such measures may sue the landlord. However, self-help evictions may be permitted in some jurisdictions when commercial tenants are involved, as opposed to residential tenants. [1] [2]
It gave the landlord no right of access, but also no responsibility for repairs. The modern urban tenancy, especially in a multi-unit building with many building-wide systems, has forced that law to change. The landlord now has an obligation to make repairs and gets a right of access for that purpose. But that does not supersede the tenant's ...
While eviction laws vary by region, most state and local legislation mirrors the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. [2] Eviction procedures are also regulated by common law—law based on legal precedents, rather than formal statutes. [2]
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 ...
Minnesota Law Review. 87. SSRN 422621. Fischer, Julee C (Winter 2000). "Policing the Self-Help Legal Market: Consumer Protection or Protection of the Legal Cartel?" (PDF). Indiana Law Review. 34. Gerchick, Randy G. (February 1994). "No Easy Way Out: Making the Summary Eviction Process a Fairer and More Efficient Alternative to Landlord Self-Help".