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Eviction is the removal of a
tenant
Tenant may refer to:
Real estate
*Tenant, the holder of a leasehold estate in real estate
*Tenant-in-chief, in feudal land law
*Tenement (law), the holder of a legal interest in real estate
*Tenant farmer
*Anchor tenant, one of the larger stores ...
from
rental property
Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for a ...
by the
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 ...
. In some jurisdictions it may also involve the removal of persons from premises that were
foreclosed
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Formally, a mortg ...
by a mortgagee (often, the prior owners who defaulted on a mortgage).
Depending on the laws of the
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer,
ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disp ...
, and
repossession
Repossession, colloquially repo, is a "self-help" type of action, mainly in the United States, in which the party having right of ownership of the property in question takes the property back from the party having right of possession without in ...
, 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
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 ...
must win an eviction
lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''
ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disp ...
'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
of past centuries), or with respect to specific
jurisdictions
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
. In present-day practice and procedure, there has come to be a wide variation in the content of these terms from jurisdiction to jurisdiction.
The legal aspects, procedures, and provisions for eviction, by whatever name, vary even between countries or states with similar legal structures.
The eviction process
Most jurisdictions do not permit the landlord to evict a tenant without first taking legal action to do so (commonly referred to as a "
self-help
Self-help or self-improvement is a self-guided improvement''APA Dictionary of Physicology'', 1st ed., Gary R. VandenBos, ed., Washington: American Psychological Association, 2007.—economically, intellectually, or emotionally—often with a subst ...
" eviction; such actions include changing locks, removing items from the premises, or terminating utility services). 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.
Notice
Prior to filing a suit in court for eviction, generally the landlord must provide written notice to the tenant (commonly called a ''notice to quit'' or ''notice to vacate''). The residential and commercial ordinances created jurisdictions preventing landlords from taking any action that may force a tenant out of their premises. These actions include, but are not limited to, force and threats, removing essential services, demolishing the property, or interfering with entrance locks.
Lawsuit and trial
If the tenant remains in possession of the property after the notice to vacate has expired, the landlord can then
serve the tenant with a
lawsuit
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
.
Depending on the jurisdiction, the tenant may be required to submit a
written response by a specified date, after which time another date is set for the
trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
. Other jurisdictions may simply require the tenant to appear in court on a specified date. Eviction cases are often expedited since the issue is time-sensitive (the landlord loses rental income while the tenant remains in possession). A jury trial may be requested by either party, however until the late 2000s that was very uncommon.
Many of the defendants in eviction case do not show up for court. In many major cities, including Milwaukee, as many as 70% of defendants are no-shows. In the courts in some urban areas only 10% of defendants showed up.
Removal from the property
As mentioned above, most jurisdictions do not allow a landlord to evict a tenant without legal action being taken first, even if the landlord is successful in court.
Instead, the landlord would have to obtain a ''
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
of possession'' or ''warrant of removal'' from the court and present it to the appropriate
law enforcement officer
A law enforcement officer (LEO), or peace officer in North American English, is a Public sector, public-sector employee whose duties primarily involve the Law enforcement, enforcement of laws. The phrase can include campaign disclosure specialist ...
. The officer then posts a notice for the tenant on the property that the officer will remove the tenant and any other people on the property, though some jurisdictions will not enforce the writ if, on that day, inclement weather is taking place.
With the removal of the tenant also comes the removal of their personal belongings. If the tenant leaves behind anything of value, there is a custom (but no law in some jurisdictions) for the landlord to hold onto their left-behind belongings for 30 days. After these 30 days the landlord is able to sell the left-behind property, usually in an auction, to satisfy any overdue rent arrears.
No-fault evictions
A no-fault eviction occurs when a landlord seeks to regain possession of a rented property under laws that do not require him to allege any fault on the part of the tenant such as failure to pay rent, disturbance to neighbors or other tenants in the building, or violation of lease terms. In many jurisdictions, a
tenancy at will
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 l ...
, as opposed to a term lease tenancy, may be ended at any time with a minimum of thirty days' notice to tenant, although some jurisdictions require longer notice periods..
As
gentrification
Gentrification is the process of changing the character of a neighborhood through the influx of more Wealth, affluent residents and businesses. It is a common and controversial topic in urban politics and urban planning, planning. Gentrification ...
and the re-population of urban centers by wealthier residents takes place, no-fault evictions are used as a tool to displace tenants in cities with
rent control
Rent regulation is a system of laws, administered by a court or a public authority, which aims to ensure the affordability of housing and tenancies on the rental market for dwellings. Generally, a system of rent regulation involves:
*Price cont ...
. In California, for example, the
Ellis Act
The Ellis Act (California Government Code Chapter 12.75) is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue provid ...
allows eviction of rent-controlled tenants if the landlord intends to no longer rent any portion of an apartment building (i.e., landlords cannot be compelled to rent). The Ellis Act has been applied to rentals in San Francisco, Santa Monica and Los Angeles.
Just-cause evictions
Some areas have "just cause eviction" laws, which prevents evictions for reasons other than an approved list. For example, the law in
Seattle, Washington
Seattle ( ) is a port, seaport city on the West Coast of the United States. It is the county seat, seat of King County, Washington, King County, Washington (state), Washington. With a 2020 population of 737,015, it is the largest city in bo ...
, requires a court order (and in some cases relocation assistance) and allows evictions for:
* Failure to pay rent or late payments after written warning more than four times per year
* The tenant has failed to correct a violation of the lease or laws concerning public nuisance, sanitation, unlawful business, or habitually causes warnings to be issued with corrections made
* The owner's family is moving into the unit, and no adequate other units are available
* The sale of a single-family home
* Tenant-employees who are no longer employees
* Renovation, demolition, or conversion to non-residential use
* Violation of a legal requirement, such as building suitability or number of occupants
* Tenants who live with the owner
* If drug or health and safety-related crimes are committed (by the tenant or with the tenant's consent) on the property, street, or neighboring properties
Massachusetts law allows landlords to evict leased tenants only if one of three conditions are met:
* Failure to pay rent
* Violation of the terms of the lease agreement by the tenant
* Excessive damage caused to the rental property by the tenant or persons under the tenant's control
Real estate mobbing
Real estate mobbing, also known as property mobbing, is the use of
mobbing
Mobbing, as a sociological term, means bullying of an individual by a group, in any context, such as a family, peer group, school, workplace, neighborhood, community, or online. When it occurs as physical and emotional abuse in the workplace, suc ...
(group bullying) techniques by real estate
speculators
In finance, speculation is the purchase of an asset (a commodity, goods, or real estate) with the hope that it will become more valuable shortly. (It can also refer to short sales in which the speculator hopes for a decline in value.)
Many s ...
to constructively or forcibly evict a resident from their dwelling. The
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
has recognized real estate mobbing as a worldwide cause of forced eviction. Real estate mobbing is acknowledged as a problem in Europe and particularly in Spain.
Countries
United States
In the United States of America, rules for evictions and the eviction process are determined by state, local county, and city rules.
Australia
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 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. The police then contact the agent to arrange a time to go to the property, see the tenants off the premises, change the locks and formally take possession. The eviction must always be carried out by the police; the landlord cannot evict tenants themselves. Taking the law into own hands and failing to act according to the relevant legislation in jurisdiction will carry penalties for a landlord.
On March 29, 2020, Prime Minister
Scott Morrison
Scott John Morrison (; born 13 May 1968) is an Australian politician. He served as the 30th prime minister of Australia and as Leader of the Liberal Party of Australia from 2018 to 2022, and is currently the member of parliament (MP) for t ...
revealed that state and territories governments will be moving to put a moratorium on evictions of persons as a result of financial distress caused by the
COVID-19 pandemic
The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
. The government said these measures were set to last for at least six months.
Impacts on those being evicted
There are sometimes communication problems for when the actual eviction date is decided upon, leaving some evictees thoroughly underprepared with nothing packed when the sheriff comes.
This can lead to a
Skinner box
An operant conditioning chamber (also known as a Skinner box) is a laboratory apparatus used to study animal behavior. The operant conditioning chamber was created by B. F. Skinner while he was a graduate student at Harvard University. The cham ...
–like experience as evictees sometime try “riding" the eviction out.
(This is sometimes caused by
denial
Denial, in ordinary English usage, has at least three meanings: asserting that any particular statement or allegation is not true (which might be accurate or inaccurate); the refusal of a request; and asserting that a true statement is not true. ...
.)
Evictees experience higher rates of:
depression,
anxiety
Anxiety is an emotion which is characterized by an unpleasant state of inner turmoil and includes feelings of dread over anticipated events. Anxiety is different than fear in that the former is defined as the anticipation of a future threat wh ...
,
high blood pressure
Hypertension (HTN or HT), also known as high blood pressure (HBP), is a long-term medical condition in which the blood pressure in the arteries is persistently elevated. High blood pressure usually does not cause symptoms. Long-term high bl ...
,
post-traumatic stress disorder
Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on ...
(PTSD), and even suicide.
The process of eviction can take a long time (potentially months) and this can leave the evictee in a heightened state of stress, which makes them more susceptible to stress illnesses.
Even after years have passed, studies show that evictees are less happy, optimistic and energetic than those who haven't been evicted.
Being evicted can increase rates of job loss.
In fact, someone is 15% more likely to be laid off after experiencing eviction. This can lead to a cycle where the eviction makes it difficult to work but not working can lead to eviction.
Evictees often end up moving into poorer quality housing, like overcrowded homes.
For example, a study that looked at Milwaukee, Wisconsin, found that renters who had been involuntarily moved from a prior residence were 25% more likely to experience long-term housing problems than their peers who had only moved voluntarily.
See also
*
Cure or quit In landlord–tenant law, a notice to cure or quit is issued by a landlord when a tenant performs actions in violation of a lease. The notice gives a tenant the option of either fixing the offending problem or vacating the rental property. If the ...
*
Ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disp ...
*
Forced evictions in China
Forced eviction in the People's Republic of China refers to the practice of involuntary land requisitions from the citizenry, typically in order to make room for development projects. In some instances, government authorities work with private deve ...
*
Foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Formally, a mortg ...
*
Forcible entry
Forcible entry is "the unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another's property, especially when accompanied by force". The term is also sometimes used for entry by military, pol ...
*
Lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
*
Population transfer
Population transfer or resettlement is a type of mass migration, often imposed by state policy or international authority and most frequently on the basis of ethnicity or religion but also due to economic development. Banishment or exile is a ...
*
Quiet title
Quiet may refer to:
* Silence, a relative or total lack of sound
In music
* The Quiett (born 1985), South Korean rapper
* ''Quiet'' (album), a 1996 John Scofield album
* "Quiet", a song by Lights, from her album '' The Listening'' (2009)
* "Qui ...
*
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 standard ...
* ''
Soldal v. Cook County
''Soldal v. Cook County'', 506 U.S. 56 (1992), was a United States Supreme Court case in which the Court held that a seizure of property like that which occurs during an eviction, even absent a search or an arrest, implicates the Fourth Amendment ...
''
*
The Registry
In housing, The Registry is a risk management tool used by landlords as a screening mechanism for prospective renters. The term is most commonly used as a form of synecdoche to refer to a handful of the most common registry systems in the United ...
*
Unlawful eviction and harassment Unlawful eviction and harassment is a criminal offence in the United Kingdom under the Protection from Eviction Act 1977. It is the crime of a landlord or agent unlawfully evicting or harassing
Harassment covers a wide range of behaviors of o ...
References
External links
Good Cause Eviction (CT)Fighting Tenants Who Fight Evictionfrom
Dollars & Sense
''Dollars & Sense'' is a magazine focusing on economics from a progressive perspective, published by Dollars & Sense, Inc, which also publishes textbooks in the same genre.
''Dollars & Sense'' describes itself as publishing "economic news and ana ...
, March/April 2009
The National Landlord Tenant Guide to Eviction All 50 StatesCalifornia Consumer Dept Guide
{{Authority control
Landlord–tenant law
Personal financial problems
Forced migration
Housing