What is Actual Eviction in Real Estate?

The actual eviction is a legal remedy available to property owners who have lessees (tenants) in holdover tenancy. In other words, this is power given to landlords or owners of investment property who have tenants in a property with an expired, invalid or terminated lease.

Actual eviction typically requires the landlord to decline all attempted rent payments, give the holdover tenant adequate notice and filing for court action to forcibly remove the holdover tenant. This is the type of eviction most people recognize. However, there is a second type of process called constructive eviction.

Federal, state and local consumer protection laws normally require landlords to follow specific guidelines when trying to evict tenants. In most cases, the eviction process can take several days or even weeks as the eviction must be approved by the local courts and enforced by the sheriff’s office.

For more information, see also the following entries:

• :Constructive Eviction:
• :Eviction:
• :Holdover Tenancy:
• :Landlord:
• :Lease:
• :Lessee:
• :Lessor:
• :Rent:
• :Tenant: