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Legal Definitions - total eviction
Definition of total eviction
Total eviction refers to the complete and permanent removal of a tenant from the entire property they are leasing. This means the tenant loses possession of all parts of the premises they were renting, typically initiated by the landlord through a legal process or by a court order.
Here are some examples illustrating total eviction:
Example 1: Residential Non-Payment
A family rents a three-bedroom house. After several months of failing to pay rent, the landlord initiates a legal eviction process. Following court proceedings, a judge issues an order for possession, and the local sheriff's department serves a notice requiring the family to vacate the entire house by a specific date. The family must move all their belongings out and surrender possession of the entire property.
Explanation: This is a total eviction because the family is completely removed from the *entire* leased house, losing access to all rooms and the property's grounds.
Example 2: Commercial Lease Violation
A small bakery leases an entire storefront in a commercial plaza. The bakery repeatedly violates a critical clause in its lease agreement by operating outside the permitted hours and causing excessive noise that disturbs neighboring businesses. After providing the required legal notices and pursuing an eviction lawsuit, the landlord obtains a court order to reclaim the entire storefront. The bakery is forced to cease operations, remove all its equipment, and vacate the premises completely.
Explanation: The bakery experiences a total eviction as it is removed from the *entire* commercial space it rented, losing all rights to operate or occupy any part of the storefront.
Example 3: Property Redevelopment
An owner of an apartment building decides to sell the property to a developer who plans to demolish it and construct new luxury condominiums. The owner provides all tenants with proper legal notices to vacate their respective apartments by a specific date, in accordance with local tenant protection laws for "no-fault" evictions related to demolition. Each tenant must move out of their individual unit and surrender possession, leading to the entire building being emptied of its residents.
Explanation: While each tenant is evicted from their specific unit, for each individual tenant, this constitutes a total eviction from the *entire* apartment they leased, resulting in their complete removal from the property.
Simple Definition
Total eviction refers to a landlord's complete removal of a tenant from the entire leased property. This legal action results in the tenant losing possession of the whole premises they were renting.