actual eviction. A physical expulsion of a person from land or rental property. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant § 445.]
constructive eviction.
1. A landlord’s act of making premises unfit for occupancy, often with the result that the tenant is compelled to leave. [Cases: Landlord and Tenant 172. C.J.S. Landlord and Tenant §§ 447, 450–451, 453, 455–456, 458.]
2. The inability of a land purchaser to obtain possession because of paramount outstanding title. • Such an eviction usu. constitutes a breach of the covenants of warranty and quiet enjoyment.
eviction by paramount title. An eviction by judicially establishing title superior to that under which the possessor claims.
— Also termed eviction by title paramount.
eviction by title paramount. See eviction by paramount title.
partial eviction. An eviction, either constructive or actual, from a portion of a tenant’s premises. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant § 445.]
retaliatory eviction. An eviction — nearly always illegal — commenced in response to a tenant’s complaints or involvement in activities with which the landlord does not agree. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant § 445.]
summary eviction. An eviction accomplished through a simplified legal procedure, without the formalities of a full trial. [Cases: Landlord and Tenant 293.]
total eviction. An eviction that wholly deprives the tenant of any right in the premises. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant § 445.]
