De ejectione firmae is a legal term that describes a writ or action of trespass that is employed to regain lands or tenements that were leased for a specific period of time and subsequently seized by the lessor, reversioner, remainderman, or a third party. The lessee, or the individual who leased the property, can utilise this writ to reclaim their lease term or the remaining portion of it, in addition to seeking damages. This action serves as the foundation for the contemporary action of ejectment.
De ejectione firmae is a legal remedy that allows tenants to reclaim their leased property if they have been unlawfully evicted by the landlord or any unauthorized individual. In the past, this action was employed to seek compensation or the remaining lease term. For instance, if a tenant holds a five-year lease for a farm but is wrongfully evicted by the landlord after two years, de ejectione firmae can be utilised to regain possession of the farm and obtain damages for the wrongful eviction. Similarly, if a tenant has a one-year lease for an apartment and the landlord sells the property to someone who attempts to evict the tenant, de ejectione firmae can be employed to regain possession of the apartment and seek damages for the wrongful eviction. These examples demonstrate how de ejectione firmae was utilised to safeguard tenants’ rights and prevent unjust evictions from leased properties.
De Ejectione Firmae is a legal action that allows a landlord to evict a tenant who is unlawfully occupying their property.
A landlord can file a De Ejectione Firmae action when a tenant refuses to vacate the property after their lease has expired or when they have breached the terms of the lease agreement.
The landlord must file a complaint with the court, stating the reasons for eviction and providing evidence of the tenant’s breach of the lease agreement. The court will then schedule a hearing where both parties can present their arguments.
Yes, a landlord can still file a De Ejectione Firmae action even if there is no written lease agreement. However, it may be more challenging to prove the terms of the tenancy without a written document.
A tenant can raise defences such as payment of rent, compliance with lease terms, or challenging the validity of the eviction notice. They may also argue that the landlord failed to maintain the property in a habitable condition.
No, a landlord cannot legally evict a tenant without following the proper legal process, which includes filing a De Ejectione Firmae action and obtaining a court order for eviction.
If the court grants a De Ejectione Firmae order, the tenant will be legally required to vacate the property within a specified timeframe. Failure to comply may result in the landlord seeking assistance from law enforcement to remove the tenant.
Yes, a tenant can appeal a De Ejectione Firmae order if they believe there were errors in the legal process or if they have new evidence to present. However, they must follow the specific procedures for filing an appeal within the designated timeframe.
No, a landlord cannot use self-help measures, such as changing locks or removing the tenant’s belongings, to evict a tenant. Doing so is illegal and can result in legal consequences for the landlord.
Yes, if a tenant believes they were wrongfully evicted, they can file a lawsuit against the landlord for wrongful eviction. They may seek damages for any losses incurred as a result of the eviction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/de-ejectione-firmae/
- Modern Language Association (MLA):De Ejectione Firmae. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/de-ejectione-firmae/.
- Chicago Manual of Style (CMS):De Ejectione Firmae. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/de-ejectione-firmae/ (accessed: May 09 2024).
- American Psychological Association (APA):De Ejectione Firmae. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/de-ejectione-firmae/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts