Actual Eviction
Definition and meaning of Actual Eviction in real estate.
An actual eviction is the legal process by which a landlord physically removes a tenant from a rented property, reclaiming possession of the premises after obtaining a court order.
In more detail
This action is usually taken when a tenant has violated lease terms, such as by failing to pay rent or committing property damage. To execute an actual eviction, a landlord must follow strict local and state laws, which typically involve giving proper notice, filing a lawsuit, and obtaining a judgment.
Self-help evictions, where a landlord changes the locks or shuts off utilities without a court order, are illegal in almost every state. Once the court order is granted, a law enforcement officer, such as a sheriff, is usually the only person authorized to physically remove the tenant and their belongings.
Key facts
| Category | Leasing & Property Management |
|---|---|
| Who performs removal | A law enforcement officer or sheriff |
| Legal Requirement | A valid court judgment or order of possession |
| Watch out for | Illegal self-help evictions |
A property manager obtains a court order after a tenant repeatedly fails to pay rent, and a local sheriff executes the actual eviction by removing the tenant from the apartment.
Frequently asked questions
How does an actual eviction differ from a constructive eviction?
An actual eviction is a legal physical removal of a tenant by the landlord, while a constructive eviction occurs when a landlord fails to maintain basic living conditions, forcing the tenant to move out.
Can a landlord change the locks to evict a tenant?
No, changing the locks or shutting off utilities without a court order is an illegal self-help eviction, and the tenant can sue the landlord for damages.
What happens to a tenant's belongings after an actual eviction?
State laws vary on this issue, but in many states, the landlord must store the belongings for a set period or place them on the curb for disposal.