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Retaliatory Eviction
In American landlord–tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord. If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation for reporting the poor housing conditions. History Retaliatory eviction first appeared as a tenant's defense against eviction in ''Edwards v. Habib'' (1968), where a tenant was evicted after reporting sanitary code violations. The D.C. Circuit recognized that the eviction was unjustified because it was in retaliation for the reporting of violations. As a defense The defense of retaliatory eviction was first recognized in the D.C. Circuit case ''Edwards v. Habib''. West Virginia In the case ''Imperial Colliery Co. v. Fout'', the West Virginia Supreme Court reaffirmed that retaliatory eviction was a valid defense against eviction, but added the condition that the retaliation must be ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landlord–tenant Law
Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and contract. In modern times, however, it is frequently governed by statute. In civil law traditions such as German law, the landlord–tenant relationship is governed entirely by statute, derived historically from Roman law and the ''ius commune''. History The landlord-tenant relationship is defined by existence of a leasehold estate. Traditionally, the only obligation of the landlord in the United States was to grant the estate to the tenant, although in England and Wales, it has been clear since 1829 that a Landlord must put a tenant into possession. Modern landlord-tenant law includes a number of other rights and duties held by both landlords and tenants. The modern interpretation of the tenant-landlord relationship has hinged on the view that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the Legal remedy, remedy (t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasehold Estate
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landlord
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner. The term landlady may be used for the female owners. The manager of a pub in the United Kingdom, strictly speaking a licensed victualler, is referred to as the landlord/landlady. In political economy it refers to the owner of natural resources alone (e.g., land, not buildings) from which an economic rent is the income received. History The concept of a landlord may be traced back to the feudal system of manoralism (seignorialism), where a landed estate is owned by a Lord of the Manor (mesne lords), usually members of the lower nobility which came to form the rank of knights in the high medieval period, holding their fief via subinfeudation, but in some cases the land may also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evict
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdiction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edwards V
Edwards may refer to: People * Edwards (surname) * Edwards family, a prominent family from Chile * Edwards Barham (1937-2014), a former member of the Louisiana State Senate * Edwards Pierrepont (1817–1892), an American attorney, jurist, and orator Places *Edwards County (other) (multiple) * Edwards Islet (Ducie Island), in the Pitcairn Islands *Edwards, Osgoode Township, Ontario, Canada Australia *Edwards Beach, site of one Sydney artists' camps, New South Wales *Edwards Islet (Tasmania) United States * Edwards, Arkansas, in Prairie County *Edwards, California *Edwards, Colorado *Edwards, Illinois * Edwards, Kentucky, in Logan County (see April 2, 2006 tornado outbreak) *Edwards Dam, a former dam on the Kennebec River in Maine * Edwards, Michigan *Edwards, Mississippi *Edwards, Missouri *Edwards (town), New York *Edwards (village), New York *Edwards, Wisconsin *Edwards Air Force Base, in California *Edwards Plateau region of Texas **Edwards Aquifer, an aquifer in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Appeals Of West Virginia
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle. The court also holds special sittings at various locations across the state. Although the West Virginia Constitution allowed for an intermediate court of appeals to be created, since 1974 the Legislature declined to do so, until 2021 and thus the Supreme Court provided the only review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts. In December 2010, the Supreme Court promulgated a major revision of West Virginia's rules of appellate procedure, by which it provided that it would hear all properly perfected appeals of right from the circuit courts. Beginning July 1, 2022 a new ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California. It was based on a civil code originally prepared by David Dudley Field II for the state of New York (but which was never enacted in that state). It is one of the 29 California Codes and was among the first four enacted in 1872. Organization Though the Code is organized in a manner similar to many civil law civil codes, many of its provisions are codifications of well-established common law principles. For example, it contains a definition of consideration, a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, which is a feature unique to the common law. First adopted in 1872 and signed into law by then Governor Newton ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unlawful Detainer
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landlord–tenant Law
Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and contract. In modern times, however, it is frequently governed by statute. In civil law traditions such as German law, the landlord–tenant relationship is governed entirely by statute, derived historically from Roman law and the ''ius commune''. History The landlord-tenant relationship is defined by existence of a leasehold estate. Traditionally, the only obligation of the landlord in the United States was to grant the estate to the tenant, although in England and Wales, it has been clear since 1829 that a Landlord must put a tenant into possession. Modern landlord-tenant law includes a number of other rights and duties held by both landlords and tenants. The modern interpretation of the tenant-landlord relationship has hinged on the view that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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