Author Question: What rights of self help do the landlord and tenant have? What will be an ideal ... (Read 78 times)

jc611 · **on:** Aug 2, 2018

What rights of self help do the landlord and tenant have?

What will be an ideal response?

Question 2

Compare and contrast actual eviction, constructive eviction, and judicial eviction.

What will be an ideal response?

fdliggud · **Reply #1 on:** Aug 2, 2018

Answer to Question 1

In some jurisdictions, tenants may be authorized to withhold rent and place it in escrow until the dispute is resolved. In some jurisdictions, the landlord may cut off services. The landlord may also evict tenants.

Answer to Question 2

Actual eviction is the actual removal of the tenant from the premises. Constructive eviction occurs when the premises is substantially unavailable for the use of the tenant. It can occur when the landlord withhold services like heat or water. It can also result from circumstances beyond the control of the landlord or tenant such as a natural disaster. It may be an actionable wrong for which the tenant may bring an action against the landlord. Judicial eviction is a process of removing the tenant from the rented premises. Notice must be given to the tenant to vacate or face eviction. A hearing is held to give the tenant an opportunity to appeal and present a defense.