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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]
New Jersey was the first state to pass a just-cause eviction law in 1974. [1] Interest in these laws has grown in recent years with California passing a just-cause eviction law in 2019 [4] and Oregon passing a bill enumerating valid causes for evicting tenants the same year. [5] Washington passed a similar bill in 2021. [6]
In December 2020, the New York State Legislature passed a state moratorium on evictions. [11] In May 2021, the legislature extended the moratorium until August 31. [12]The Supreme Court struck down a provision of the state moratorium that protected people who filed a form declaring economic hardship, rather than providing evidence in court.
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 cannot legally evict a tenant without obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict a tenant from the property.
L.A. officials told families displaced by the botched 2021 fireworks detonation they have to move out by March 31, leaving some worried about shelter.
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 ...