Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    Any act by a landlord of such a character as to deprive the tenant of the beneficial use and enjoyment. See 23 Am. St. Rep. 845, note.

  • Black's Law Dictionary: 2nd Edition

    Dispossession by process of law; the act of depriving a person of the possession of lands which he has held, in pursuance of the judgment of a court. Rea-soner v. Edmundson, 5 Ind. 395;.Co.wdrey v. Colt, 44 N. Y. 392, 4 Am. Rep. 690; Home Lite Ins. Co. v. Sherman. 46 N. Y. 372. Technically, the dispossession must be by Judgment of law; if otherwise, it is an ouster. Eviction implies an, entry under paramount title, so as to interfere with the rights of the grantee. The object of the party making the entry is immaterial, whether it be to take all or a part of the land itself or merely an incorporeal right. Phrases equivalent in meaning are "ouster by paramount title," "entry and disturbance," "possession under an elder title," and the like. Mitchell v. Warner, 5 Conn. 497. Eviction is an actual expulsion of the lessee out of ali or some part of the demised premises. Pendleton v. Dyett, 4 Cow. (N. Y.) 581, 585. In a more popular sense, the term denotes turning a tenant of land out of possession, either by re-entry or by legal proceedings, such as an action of ejectment. Sweet. By a loose extension, the term is sometimes applied to the ousting of a person from the possession of chattels; but, properly, it applies only to realty. In the civil law. The abandonment which one is obliged to make of a thing, in pursuance of a sentence by which he is condemned to do so. Poth. Contr. Sale, pt. 2, c. 1, § 2, art 1, no. 83. The abandonment which a buyer ls compelled to make of a thing purchased, in pursuance of a judicial sentence. Eviction ls the loss suffered by the buyer of the totality of the thing sold, or of a part thereof, occasioned by the right or claims of a third person. Civil Code La. art. 2500.
    —Actual eviction is an actual expulsion of the tenant out of all or some part of the demised premises; a physical ouster or dispossession from the very thing granted or some substantial part thereof. Knotts v. McGregor, 47 W. Va. 566, 35 S. E. 899; Talbott v. English, 156 Ind. 299, 59 N. E 857; Seigel v. Neary, 38 Misc. Rep. 297, 77 N. Y. Supp. 854.--Constructive eviction, as the term is used with reference to breach of the covenants of warranty and of quiet enjoyment, means the inability of the purchaser to obtain possession by reason of a paramount outstanding title. Fritz v. Pusey, 31 Minn. 368, 18 N. W. 94. With reference to the relation of landlord and tenant, there is a "constructive eviction" when the former, without intent to oust the latter, does some act which deprives the tenant of the beneficial enjoyment of the demised premises or materially impairs such enjoyment. Realty Co. v. Fuller, 33 Misc. Rep. 109, 67 N. Y. Supp. 146; Talbott v. English, 156 Ind. 299, 59 N. E. 857.