Duhaime's Law Dictionary


Eviction Definition:

Some permanent act by landlord, or by person or thing under his control, which deprives a tenant of enjoyment of the rented premises.

The definition of eviction Woodfall adopts is:

"... something of a grave and permanent character done by the landlord with the intention of depriving the tenant of the enjoyment of the demised (rented) premises.,

"It is a mistake to suppose that a temporary trespass by a landlord unaccompanied by any intention to put an end to the tenancy is an eviction.

"The landlord's act must be wrongful. It must also have the characteristic of permanence in the sense of not being temporary.

"But eviction does not necessarily involve physical expulsion; an act which deprives the tenant of the enjoyment of the premises or part of them may be sufficient."

REFERENCES:

  • Duhaime, Lloyd, Legal Definition of Constructive Eviction
  • Harrod v Watt 1 WLR 216 (Northwest Territories, 1905)
  • Hughes v Westchester Development Corporation 77 F. 2d 550 (US Court of Appeals, 1935)
  • Lewison, K., and others, Woodfall's Law of Landlord and Tenant (London: Sweet & Maxwell, 1994), page 7/46.
  • Mahpo v McCarthy 10 WLR 670 (SKCA, 1906)
  • Upton v Townend 17 CB 30 (1885)

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