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Questions tagged [eviction]

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0 votes
0 answers
42 views

Stay of Eviction - Special Civil Court Case transferred to Civil

I am defending myself (pro se) for which I have a tenant owing me back rent. I had filed for eviction via Special civil court, but due to another case pending from the complaint filed by the tenant ...
Sam Bushrui's user avatar
1 vote
3 answers
121 views

Has no-fault eviction of residential tenants ever previously existed, even in places where it no longer does?

In England this didn’t previously exist until being introduced under s21 of Thatcher’s capstone legislation the Housing Act 1988. This applies to England and Wales until it was superseded in the ...
TylerDurden's user avatar
-1 votes
1 answer
42 views

What were the protections for tenants in California during covid-19 eviction moratorium? Where should one contact in case of protection was violated?

What were the protections for tenants in California during covid-19 eviction moratorium? Where should one contact in case of protection was violated?
brassmonkey's user avatar
0 votes
1 answer
73 views

Prior to the insertion of Section 10(A1) to the Criminal Law Act 1977, was it a crime to obstruct the enforcement of a high court writ of possession?

Prior to the insertion of section 10(A1), what was the legal status of obstructing a high court enforcement officer who was on official business in the course of evicting a former tenant against whom ...
Frank's user avatar
  • 155
0 votes
1 answer
21 views

What content information has been prescribed under s5(1)(a) PEA1977?

Subsection 5(1)(a) Protection from Eviction Act 1977 requires notices to quit to contain such information as may be prescribed. What prescriptions have been made under this provision, and how might ...
TylerDurden's user avatar
-2 votes
1 answer
118 views

What difficulties are there in evicting diplomats from their private residences as one would to anyone else? [duplicate]

Article 31(1)(a) of the Vienna convention on diplomatic relations allows for the receiving state to execute real actions on any private immovable property located on the land thereof, so where lies ...
TylerDurden's user avatar
0 votes
1 answer
71 views

What is “peace or comfort”?

The Protection from Eviction Act 1977 refers in a handful of places to “peace or comfort.” What is the meaning and scope of the referents of this phrase? Is it confined merely to that immediate peace ...
TylerDurden's user avatar
1 vote
0 answers
77 views

Why send a notice to evict if the tenant has already left? [closed]

My wife and I were living at an apartment complex in Michigan with property managers from hell. Long story short, we decided it was worth leaving the lease early. There was a lease contract buy-out ...
Jagh's user avatar
  • 19
2 votes
1 answer
191 views

Can parents no longer search my room once I am disowned?

I am a child abuse survivor. After being harassed for years I decided to leave and seek a new life. My biological parents suddenly disowned me and gave me 7 days to vacate their house. I was extremely ...
tocqk525's user avatar
-4 votes
1 answer
233 views

What are the consequences of evicting a licensee without giving them “reasonable notice”?

Bob is a licensee (ie non-tenant occupier). Because he isn’t a tenant, a possession order is not legally required to evict him. Instead, he may be peaceably evicted upon “reasonable notice.” ...
TylerDurden's user avatar
2 votes
0 answers
130 views

(Canada/Ontario) Confusion over move out date vs termination of tenancy

As I understand it based on my reading of the Residential Tenancies Act 1. At the end of a lease Landlord and Tenant automatically enter into a month-to-month agreement unless a. The landlord has ...
akozi's user avatar
  • 121
1 vote
0 answers
19 views

Under what rules may money judgments be granted during possession proceedings?

Money awards are regularly granted in the course of possession proceedings, but what rule or rules of law enable and govern this practice?
TylerDurden's user avatar
0 votes
2 answers
540 views

Is a Tenant Entitled to a Jury Trial in an Eviction Case?

Is a tenant entitled to request a jury trial? If yes, does it matter if the tenant is being evicted for nonpayment of rent vs. the Summary Dispossess Act in an owner occupied premises?
S.O.S's user avatar
  • 601
6 votes
2 answers
169 views

At what stage in history did intervention of courts become required for tenant evictions?

In England and other common law jurisdictions (I assume throughout most of the world in fact) a tenant doesn't automatically lose entitlement to their home once they stop paying rent for whatever ...
TylerDurden's user avatar
-1 votes
1 answer
215 views

Can a Tenant File a Counterclaim in Summary Eviction Proceedings?

I was reading this blog post which states: The good news is that the courts classify the eviction process as a “summary action,” meaning that it is about as quick a legal process as can be. There is ...
S.O.S's user avatar
  • 601

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