Define: Ejection

Ejection
Ejection
Quick Summary of Ejection

Ejection refers to the act of being compelled to depart from a location either by legal means or through the use of physical force. It can be likened to being forcefully expelled.

Full Definition Of Ejection

Ejection refers to the act of being compelled to leave a place either through legal means or by physical force. For instance, when the landlord discovered that the tenant had not paid rent for three months, he initiated the process of ejection in order to lawfully evict the tenant from the apartment. Similarly, during the game, the security guard resorted to ejection to expel the disruptive fan from the stadium. The first example demonstrates ejection as a form of expulsion enforced by the law, as the landlord possessed the legal authority to remove the tenant due to non-payment of rent. Conversely, the second example showcases ejection as a form of expulsion achieved through physical force, as the security guard had to physically remove the fan from the stadium to ensure order and safety.

Ejection FAQ'S

Ejection refers to the legal process of removing a person from a property or premises, typically due to a violation of the terms of a lease or rental agreement.

No, landlords must follow the proper legal procedures, including ejection, to remove a tenant from their property. Self-help evictions, such as changing locks or removing belongings, are illegal in most jurisdictions.

Common reasons for ejection include non-payment of rent, violation of lease terms (such as unauthorized pets or subletting), property damage, illegal activities, or expiration of a lease agreement.

The ejection process typically begins with the landlord providing the tenant with a written notice to cure or quit, giving them a specific period to rectify the violation or vacate the premises. If the tenant fails to comply, the landlord can file a lawsuit and obtain a court order for ejection.

Yes, tenants have the right to contest ejection by presenting a defence in court. Common defences may include proving that the landlord’s claims are false, demonstrating compliance with lease terms, or asserting that the eviction is retaliatory or discriminatory.

The duration of the ejection process can vary depending on the jurisdiction and specific circumstances. It can take anywhere from a few weeks to several months, depending on factors such as court availability, tenant defences, and the complexity of the case.

During the COVID-19 pandemic, many jurisdictions have implemented temporary eviction moratoriums or protections for tenants facing financial hardship. It is essential to consult local laws and regulations to determine the specific rules regarding ejection for non-payment of rent during this period.

No, landlords cannot forcibly remove a tenant without a court order. Only law enforcement officers, acting under the authority of a court order, can physically remove a tenant from the property.

If a lease agreement explicitly prohibits unauthorized guests or visitors, a landlord may have grounds for ejection if the tenant violates this provision. However, it is crucial to review the specific terms of the lease and consult local laws to determine the enforceability of such provisions.

In some cases, a tenant may have the right to withhold rent or request repairs if the property is in poor condition and the landlord fails to address the issues. However, ejection for non-payment of rent is still possible if the tenant does not follow the proper legal procedures to address the maintenance concerns.

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Disclaimer

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: 17th April 2024.

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