Eviction

* It is difficult to define this word with technical accuracy. Latterly, it has denoted what formerly it was not intended to express. In the language of pleading a party evicted was said to be expelled, amoved, put out. The word, which is from evincere, to dispossess by a judicial course, formerly denoted expulsion by the assertion of a paramount title, and by process of law. It is now popularly applied to every class of expulsion or amotion. ^ A wrongful act by a landlord, which results in the expulsion or amotion of his tenant from the land.* An act of a permanent character done by the landlord to deprive, and which has the effect of depriving, the tenant of the use of the demised thing or a part of it.' To constitute an eviction which will operate as a Suspension of the rent, it is not necessary that there should be an actual physical expiilsion of the tenant from any part of the premises.' Any act of a permanent character, done by the landlord, or by his procurement, with the intention and ef Eect of depriving the tenant of the enjoyment of the premises demised, or a part thereof, to which he yields and abandons possession.6 A definition has sometimes been given by which, to constitute an eviction, there must be an amotion of the tenant from the demised premises by, or in consequence of, some act of the landlord in derogation of the rights of the tenant, and with intent to determine the tenancy, or to deprive the tenantof the enjoyment ''*i Ete£wn V. Jarvis, 3 De Gex, F. & J. *173 (1860), Campbeir, Jd. Ch. a State V. Penny, 19 S. C. 321 (1882), Simpson, C. J. s Commonweal1tfii,i;. Eiohmond, &c. R. Co., 81 Va.S67 (1S36). ■ -A • L. evictus: ew^cere, to overcome, vanquish. '» Upton V. Towaend)^84 E. C. L. *64, 80 (1855), Jervis; Chief Justice. \, ■ « [Ibid. •70, Crowder, Jj., ■'Ibid. *73, Willee, J. of the premises, or some part thereof. The amotion may be by physical expulsion by the landlord, or by abandonment by the tenant upon some act of the landlord which amounts to an eviction at the election of the tenant. The intent with which the act is done may he ah actual intent accompanying and characterizing the act, or it may be inferred from the act itself... Generally the question as to what acts of the. landlord, in consequence of which the tenant abandons the premises, amount to an eviction, is a question of law, and includes the question whether the acts constitute proof of the intent. ^ Sometimes spoken of as " actual " or " constructive," and as " partial " or " total." The idea that the ouster must be by process of law has long since been given up. The rule now is that covenants for quiet enjoyment or of warranty are broken whenever there has been an involimtary loss of possession by reason of the hostile assertion of an irresistible title. Moreover, the eviction may be " constructive " — caused by the inability of the purchaser to obtain possession by reason of the paramount title.* Eviction from all or part or the premises suspends the entire rent for the time being. The tenancy is not thereby ended, but the rent and all remedy for its collection is suspended. To have the effect of suspending the rent the eviction must be effected before the rent becomes due, for rent already overdue is not forfeited. The rule is the same although the rent is payable in advance and the eviction occurs before the • expiration of the period in which the rent claimed accrues. 8 A lawful act upon an adjoining estate, done to improve that estate, is not an eviction.*