Eviction

Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage).

Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, 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 must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that eviction, as with ejectment and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdictions. 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.

Sat ud (Henningsen)
Erik Henningsen's painting Eviction held by the National Gallery of Denmark.1892
Irish Eviction
RIC and Hussars at an eviction-Ireland 1898
East Side Eviction
Two men with children, being evicted, stand with their possessions on the sidewalk, circa 1910, on the Lower East Side of New York City.

The eviction process

Eviction process bc canada
Flow Diagram of the Eviction Process in British Columbia, Canada

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" 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).

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.

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. 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.[1]

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 of possession from the court and present it to the appropriate law enforcement officer. 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.[2]

No-fault evictions

As 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. In California, for example, the Ellis Act 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,[3][4] 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 requires a court order (and in some cases relocation assistance) and allows evictions for:[5]

  • 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

Countries

United States

In the United States of America, rules for evictions and the eviction process are ruled by each state, local county, and city rules.

See also

References

  1. ^ Aron, Hillel (2014-12-10). "How "Superman of Renters" Daniel Bramzon Revolutionized L.A.'s Eviction-Defense Industry". L.A. Weekly. Retrieved 2016-10-07.
  2. ^ "Eviction". Texas Tenant Advisor. Austin, Texas: Texas Low Income Housing Information Service. Retrieved 2019-02-27. If it is raining, sleeting, or snowing you cannot be removed.
  3. ^ "Ellis Act Evictions, San Francisco". Anti-Eviction Mapping Project. San Francisco, California. Retrieved 2019-02-27.
  4. ^ "2015 Promises to Be a Battleground Year for Ellis Act Evictions". The Bold Italic. A Medium Corporation. 22 January 2015. Retrieved 4 April 2018.
  5. ^ "Seattle Municipal Code, section 22.206.160 - Duties of owners". Municipal Code Corporation. Retrieved 2019-02-27.

External links

Big Brother (Australian season 5)

Big Brother Australia 2005, also known as Big Brother 5, was the fifth season of the Australian reality television series Big Brother, and was aired on Network Ten in Australia, and TV-2 in New Zealand with a four-week delay. The series started on 8 May 2005, with housemates going into the House the day before, and finished on 15 August 2005, lasting 101 days. The theme of the series was "single, sexy, and competitive". Auditions for housemates were held in March 2005. In a departure from usual procedure, candidates were not required to send in videos of themselves as had been the case for prior auditions. Instead, the producers toured major Australian cities and conducted interviews. They searched for sexy singles that were willing to have sexual relations on camera. Promos for the show suggested that Big Brother would be different this year, and phrases such as "Assume Nothing, Expect Anything", "Let's Play", and "Think Again" were used throughout the series, especially during Opening Night. The winner announced on the finale was watched by 2.282 million Australian viewers.

Big Brother (Australian season 8)

Big Brother Australia 2008 or Big Brother 8 was the eighth season of the Australian reality television series Big Brother and was the final series to air on Network Ten.

The eighth season launched on 28 April 2008. A total 20 housemates competed in the series. Halfway through the series, the prize money was revealed to be $250,000, the amount originally given in the earlier season of the series.

Season 8 introduced Kyle Sandilands and Jackie O as the new hosts, replacing Gretel Killeen, who had previously hosted the show from Season 1. It also featured the return of an adult-themed weekly installment titled Big Mouth.

Big Brother 15 (U.S. season)

Big Brother 15 is the fifteenth season of the American reality television series Big Brother. The season premiered on CBS on June 26, 2013, and concluded on September 18, 2013. It was the longest season to date, running 90 days. This season featured 16 HouseGuests.

The premise of the series remained largely unchanged from previous editions of the series, in which a group of contestants, known as "HouseGuests," compete to win the series by voting each other off and being the last HouseGuest remaining. Each week, one HouseGuest, known as the Head of Household, must nominate two of their fellow HouseGuests for eviction. The winner of the Power of Veto can remove one of the nominees from the block, forcing the HoH to nominate another HouseGuest. The HouseGuests then vote to evict one of the nominees, and the HouseGuest with the most votes is evicted. When only two HouseGuests remained, the last nine evicted HouseGuests would decide which of them would win the $500,000 prize. A HouseGuest can be expelled from the show for breaking rules

The September 5, 2013, broadcast marked the show's 500th episode. On September 18, 2013, Andy Herren won the season by a 7-2 vote over runner-up GinaMarie Zimmerman.

Big Brother 8 (U.S. season)

Big Brother 8 was the eighth season of the American reality television series Big Brother. It is based upon the Netherlands series of the same name, which gained notoriety in 1999 and 2000. The series premiered on CBS on July 5, 2007 and lasted eleven weeks until the live finale on September 18, 2007. The eighth season saw little to no change in ratings. The season premiered to 7.40 million viewers, the lowest premiere numbers for any season at the time. The season finale had 8.51 million viewers, making it the second lowest rated finale at the time. In total, the series averaged 7.52 million viewers, only .4 behind the previous edition. Big Brother 8 featured 14 HouseGuests, the same amount that was featured in the previous season. The series ended after 81 days, in which HouseGuest Dick Donato was crowned the winner, and his daughter Daniele Donato the runner-up.

Bigg Boss Tamil

Bigg Boss Tamil is a Tamil-language version of the reality TV programme Bigg Boss broadcast in India. It follows the Big Brother format, which was first developed by Endemol in the Netherlands.

Kamal Haasan hosted the first season and is now hosting the second season of Bigg Boss Tamil, which was aired on Star Vijay.

Bigg Boss Tamil 2

Bigg Boss Tamil 2 was the second season of the reality TV game show Bigg Boss Tamil, hosted by Kamal Haasan. This season had 17 housemates (inclusive of wildcard entries) with 60 cameras. The season commenced on 17 June 2018 and ended on 30 September 2018 after 105 days. The show aired on Star Vijay from 9-10:30 PM on weekdays and 9-11 PM on weekends. From Season 2, Hotstar also provided content not aired on television, through segments such as Morning Masala, Midnight Masala, Unseen on TV and What's Cooking and also a parallel weekly programme Fun Unlimited hosted by actor Rio Raj, which described the events in the Bigg Boss house in a humourous manner.A lavish house set, which was used in the first season was renovated just prior to the commencement of the programme. The set is located on the outskirts of the Chennai city in the EVP Film City at Chembarambakkam. The renovated house for the second season included special features including a jail room to increase the level of punishments to the contestants who commits mistakes.The winner of the second season of Bigg Boss Tamil was character actress Riythvika, who took home a trophy and a cash prize of ₹50,00,000 for her victory. Actress Aishwarya Dutta was the runner-up.

List of Big Brother (UK) shows

This is a complete list of shows about and relating to Big Brother UK and Celebrity Big Brother.

List of Big Brother 18 (U.S. season) houseguests

CBS released the names of the twelve new contestants on Big Brother 18 on June 14, 2016. On premiere night, four additional contestants were revealed, returning players from recent past seasons.

List of Big Brother 19 (U.S. season) houseguests

CBS released the names of the sixteen new contestants on Big Brother 19 on June 19, 2017. After the temptation twist was used, a former houseguest returned to the game.

List of Big Brother housemates (UK series 14)

The following is a list of housemates in the fourteenth series of Big Brother UK.

List of Big Brother housemates (UK series 15)

The following is a list of housemates in the fifteenth series of Big Brother UK.

List of Big Brother housemates (UK series 16)

The following is a list of housemates in the sixteenth series of Big Brother UK.

List of Big Brother housemates (UK series 17)

The following is a list of housemates in the seventeenth series of Big Brother UK.

List of Big Brother housemates (UK series 18)

The following is a list of housemates in the eighteenth series of Big Brother UK.

List of Big Brother housemates (UK series 19)

The following is a list of housemates in the nineteenth series of Big Brother UK

Slum clearance

Slum clearance, slum eviction or slum removal is an urban renewal strategy used to transform low income settlements with poor reputation into another type of development or housing. The clearance of the slum destroys low income homes as well as illegal squatting sites, displacing inhabitants into different housing areas with the intent of breaking up continuous zones of poverty.

This has long been a strategy for redeveloping urban communities; for example slum clearance plans were required in the United Kingdom in the Housing Act 1930. Similarly the Housing Act of 1937 encouraged similar strategies in the United States. Frequently, but not always, these programs were paired with public housing or other assistance programs for the displaced communities.

Critics argue that slum removal by force tends to ignore the social problems that cause slums. Poor families, often including children and working adults, need a place to live when adequate low income housing is not providing otherwise. Moreover, slums are frequently sites of informal economies that provide jobs, services, and livelihoods not otherwise available in the community. Slum clearance removes the slum, but it does not remove the causes that create and maintain the slum. Similarly, plans to remove slums in a number of non-Western contexts have proven ineffective without sufficient housing and other support for the displaced communities; for example academics describing such strategies as detrimental in Nigeria, where the slum destruction puts further stress on already short housing stock, in some cases create new slums in other parts of the community. Some communities have opted for slum upgrading, as an alternative solution: improving the quality of services and infrastructure to match the community developed in the slum.

Slum clearance is still practiced today in a number of different situations. During major international events like conferences and sporting competitions, governments have been known to forcefully clear low income housing areas, as a strategy to impress the international attention in an attempt to reduce the visibility of the host city's apparent poverty. Other attempts at slum clearance have been subject to other motivations, such as repressing political opposition or attempts to keep certain communities in check. For example, Zimbabwe's Operation Murambatsvina was widely criticized by the international community, including a scathing report from the UN which noted human rights abuses alongside poor design of the program, which was estimated to displace at least 700,000 slum dwellers.

Suicide in Spain

Spanish men commit suicide at many times the rate of Spanish women.

Suicides for eviction in Spain refers to the suicide of Spanish citizens as a direct or indirect consequence of an eviction or foreclosure for non-payment of the mortgage or rent, which results in the eviction of the homeowner or tenant, often with family members, from the home they may have lived in for years, whether the home was purchased through a mortgage or rented. According to statistics from the first quarter of 2012, each day 517 evictions took place in Spain; there were 101,034 evictions in total in 2012. Suicides for eviction have become endemic in Spain, and are a problem associated with the consequences of the economic crisis and problems with the mortgage laws.

According to data from the organization Stop Desahucios, part of the Platform of People Affected from Mortgage, 34% of the suicides in Spain result from evictions. Suicide is the main cause of violent death in Spain, causing more deaths than road accidents. In 2010, 3,145 persons committed suicide in Spain.Sometimes the link between eviction and suicide is not apparent, and as in most suicides, is due to complex and difficult personal situations. Also some suicides related to eviction are not known about, or publicized in the press, making it difficult to establish reliable statistics as the National Institute of Statistics cannot analyze these data.

Western Cape Anti-Eviction Campaign

The Western Cape Anti-Eviction Campaign is a non-racial popular movement made up of poor and oppressed communities in Cape Town, South Africa. It was formed in November 2000 with the aim of fighting evictions, water cut-offs and poor health services, obtaining free electricity, securing decent housing, and opposing police brutality.The movement is the oldest of the first generation of so-called 'new social movements' to spring up after the end of apartheid and is known for its direct action style militancy, its refusal of all forms of vanguardism, including NGO (Non-Governmental Organisations) authoritarianism. The movement has sought to retain its autonomy from NGOs and publicly refused to work with some local NGOs and insists that the middle class left respect the autonomy of grassroots movements.

The AEC is a founding member of the Poor People's Alliance and, along with the other members of the alliance, refuses all electoral politics and encourages the development of popular power rather than voting for political parties.The AEC mobilised against the 2008 xenophobic attacks in the areas where it was strong.The AEC opposed evictions related to the FIFA 2010 World Cup.

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