Types of Eviction

Real Estate Agent with Fillmore Real Estate Brooklyn New York


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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Chandler Real Estate Liz Harris, MBA
Liz Harris Realty - Chandler, AZ

Reminded me of real estate school all over!

May 14, 2011 09:24 PM #1
Jeanne M. Gavish
Jeanne Gavish, Keller Williams Realty Elite Partners - Spring Hill, FL
Keller Williams Realty Elite Partners - CIPS,GRI,S

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 #2
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA

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 #3
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

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

May 15, 2011 12:07 AM #4
Michele Cadogan
Fillmore Real Estate Brooklyn New York - Brooklyn, NY
917-861-9166 - Brooklyn Real Estate Home Sales


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 #5
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