Eviction is the process of legally removing a tenant or trespasser from a property. Landlords can seek court orders to remove defaulting tenants or trespassers, with law enforcement executing the order. The process varies by jurisdiction and can be costly, so legal counsel is recommended.
Eviction is a legal term used to describe the action of regaining possession of land by forcing a tenant or trespasser off the premises. The terminology was used in the past to replace what used to be known as Royal Deeds, which were the regulations and laws that referred to control of title to a piece of land. While the term is still used in many parts of the world, this type of legal action is often known today as an eviction.
The essential elements of eviction involve taking legal steps to order the removal of a tenant or intruder who does not have a legal right to remain in possession of property owned by another individual or entity. For example, if a tenant fails to meet his or her commitment to pay rent in accordance with the terms of a lease, the property owner may declare the tenant to be in default. At that point, the landlord will ask the tenant to vacate the premises. If the tenant refuses to do so, the landlord will seek the support of the local courts to issue the so-called expulsion order. If so ordered, local law enforcement will execute the deportation in accordance with the orders put in place by the issuing court.
Landowners may also use eviction as a means of removing trespassers from a piece of property. As with a tenant who defaults on a lease, the landlord will typically provide violators with an opportunity to voluntarily leave. If they don’t, the landlord seeks help from the courts, which assess the situation and order local law enforcement to remove or deport the offenders by a certain date and time. A notice of eviction is provided to the tenant or intruder, and if they do not voluntarily vacate the premises by that date, law enforcement agencies will oversee the physical removal of both the individual and any personal belongings that may be found on the property.
The actual deportation process must be structured in accordance with the laws and regulations that are part of the common law in the jurisdiction where the property is located. Because such laws can vary significantly from one jurisdiction to another, landowners should consult legal counsel when faced with the need to forcibly remove an unauthorized person or persons from a piece of property. In some areas, the deportation process can be handled in a very short period. Other times, the process can be a bit lengthy and create a large amount of expense for the landowner.
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