Types of Eviction

By
Real Estate Agent with Fillmore Real Estate

 

Eviction is a legal action in the court system for the removal of the tenant and his/her personal belongings and a return of possession of the premises to the owner.

 

Actual Eviction-  occurs when the owner without the aid  of the court system removes the tenant from the premises- actual eviction is wrong.

 

Constructive  eviction- occurs when the tenant is prevented from the quiet enjoyment of the premises.

 

 

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917-861-9166

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Rainmaker
391,133
Chandler Real Estate Liz Harris, MBA
#ChandlerRealEstateAgent
Liz Harris Realty

Reminded me of real estate school all over!

May 14, 2011 09:24 PM
Rainmaker
131,396
Jeanne M. Gavish
Keller Williams Realty Elite Partners - CIPS,GRI,S
Jeanne Gavish, Keller Williams Realty Elite Partners

Michele, Laws are different from state to state.  I understand NY is a very tenant friendly state.  Florida is a Landlord friendly state and evictions take under 30 days through the court with competent representation.

May 14, 2011 09:27 PM
Rainmaker
1,054,979
Wallace S. Gibson, CPM
LandlordWhisperer
Gibson Management Group, Ltd.

VA is the third BEST landlord-friendly state....Eviction is the actual REMOVAL of the tenant from the property.  The court is the entity that orders it and the sheriff or marshall performs this duty.  The ENTIRE process is called an eviction.

May 14, 2011 09:46 PM
Rainmaker
1,076,428
John Pusa
Your All Time Realtor With Exceptional Service
Sellstate Pacific Realty

Michele - Excellent information and tips about types of eviction. Thank you for the detailed quality blog on eviction.

May 15, 2011 12:07 AM
Rainmaker
512,070
Michele Cadogan
917-861-861 - Brooklyn Real Estate Home Sales
Fillmore Real Estate

 

Liz- With the sales side of real estate being slow alot of agents starting to do rentals and need to be reintroduce to terms and procedures when it comes to rentals. 

Jeanne and Wallace- NYC is very tenant friendly.

John-  Thanks.

May 15, 2011 08:53 AM
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Michele Cadogan

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Additional Information

Specializing in Brooklyn New York Residential Real Estate in East Flatbush, Flatbush, Old Mill Basin, Canarsie, Bed-stuy, Bushwick, Crown Heights, Kensington, Ditmas Park, Prospect Heights, and Lefferts Gardens . My post will include my Brooklyn Real Estate Homes For sale listings, Real Estate news, local events, photos, Brooklyn New York Civic events, Brooklyn Neighborhood activities, information for Brooklyn New York seniors, consumer information and tips regarding home ownership.