The landlord changes the locks and bars the tenant from entering the apartment without a lawful court process. What has occurred?
Correct Answer
C) Actual eviction
Actual eviction is the physical exclusion of the tenant from the leased premises, and locking the tenant out of the apartment is exactly that; done without the court process the state requires, it is a wrongful actual eviction that exposes the landlord to damages. Constructive eviction is the opposite kind of conduct: the landlord fails to maintain the premises and the tenant is forced to leave. Partial eviction excludes the tenant from only a portion of the property, and retaliatory eviction describes the landlord's motive rather than the act of exclusion.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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The landlord ignores severe sewage backups and no heat for weeks, so the tenant moves out because the unit has become uninhabitable. What doctrine best describes the tenant's claim?
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A residential tenant complains that there is no functioning heat, water, or safe electrical service in the unit. Which doctrine most directly protects the tenant?