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Legal Definitions - actual eviction

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Definition of actual eviction

Actual eviction is the legal process of physically removing a person from a property they are renting or occupying. This can happen when a landlord takes legal action to remove a tenant who has violated the terms of their lease or rental agreement.

For example, if a tenant fails to pay rent or damages the property, the landlord may file for actual eviction to remove them from the property. The eviction process involves going to court and obtaining a court order to remove the tenant.

Actual eviction can also occur when a landlord sells the property to a new owner who wants to occupy it themselves. In this case, the new owner can file for actual eviction to remove the tenant and take possession of the property.

It's important to note that actual eviction is different from constructive eviction, which occurs when a landlord makes the property uninhabitable or fails to make necessary repairs, forcing the tenant to leave.

Injustice anywhere is a threat to justice everywhere.

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Simple Definition

Actual eviction is the legal process of removing a person from a property they are renting or occupying. It can happen when a landlord takes legal action to remove a tenant who has not paid rent or violated the lease agreement. Actual eviction can also occur when a tenant is physically removed from the property by law enforcement. This is different from constructive eviction, which happens when a landlord makes the property uninhabitable, forcing the tenant to leave.

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