Constructive Eviction
CONSTRUCTIVE EVICTION
The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession.
Constructive eviction arises when a landlord does not actually evict but does something that renders the premises untenantable. This might occur, for example, where a tenant vacates an apartment because a landlord turns off the heat or water.
The term is also used to mean the breach of a covenant of warranty and quiet enjoyment of real property, which prevents a purchaser from obtaining possession of property due to the existence of a paramount claim of title.
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Possession , The ownership, control, or occupancy of a thing, most frequently land orpersonal property, by a person.
The U.S. Supreme Court has said that "there i… Adverse Possession , A method of gaining legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for… Personal Property , Everything that is the subject of ownership that does not come under the denomination of real property; any right or interest that an individual has… Constructive , con·struc·tive / kənˈstrəktiv/ • adj. 1. serving a useful purpose; tending to build up: constructive criticism. 2. Law derived by inference; implied… Embezzlement , The fraudulent conversion of another's property by a person who is in a position of trust, such as an agent or employee.
Embezzlement is distinguishe… Possessive Pronoun , POSSESSIVE PRONOUN. A PRONOUN which expresses possession. Strictly applied, the term covers eight items used independently, as in The house is ours:…
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Constructive Eviction