Legal Definitions - actual eviction

Actual eviction refers to a situation where a landlord physically removes a tenant from a rented property, or takes direct action that completely prevents the tenant from accessing and using the premises. This is a direct and tangible interference with the tenant's right to possess the property.

• Example 1: Changing Locks Without Notice

  Imagine a tenant returns to their apartment after work to find that the landlord has changed the locks on the front door, and they are now unable to enter their home. The landlord did not obtain a court order for eviction or provide any prior notice.

  This is an actual eviction because the landlord physically prevented the tenant from accessing the rented dwelling, directly interfering with their possession of the property.

• Example 2: Removing Business Inventory and Boarding Up a Storefront

  Consider a small business owner who rents a retail space. One morning, they arrive to open their store and discover that the landlord has removed all their merchandise and equipment from the premises, placing it on the sidewalk, and has then boarded up the entrance to the store.

  The landlord's actions constitute an actual eviction because they physically removed the tenant's property and completely blocked access to the commercial space, making it impossible for the business to operate.

• Example 3: Physically Removing a Tenant's Belongings from a Home

  Suppose a landlord, without legal justification or a court order, enters a tenant's rented house while the tenant is away. The landlord then removes all of the tenant's furniture and personal belongings from the house, places them outside, and locks the house, making it uninhabitable and inaccessible to the tenant.

  This is a clear instance of actual eviction because the landlord physically removed the tenant's possessions and made the house inaccessible and unusable, directly depriving the tenant of their right to possess and enjoy the property.