What is ejectment?

Ejectment is a legal remedy to resolve conflicts between a landlord and tenant that can sometimes be used to remove a person from wrongfully occupying real estate. Ejectment can be available if a landlord or property owner can show they have a legal right to the possession of property, and the occupier has no valid legal claim to be there.

In many states, ejectment is commonly referred to as summary ejectment. Ejectment has become more formalized in recent years in order to protect “public peace” and avoid situations of extreme conflict between a tenant and a landlord.

In addition to legal ejectment, there is the non-judicial process of forcible ejectment, also informally called self-help. Self-help is sometimes used or contemplated by landlords who wish to deal with the problem on their own, using various methods, for example, a landlord might change the locks on the doors to prevent the occupier from returning after an absence. Rights to self-help vary widely from state to state and even among local jurisdictions. Generally, though, self-help is inadvisable and rarely conducive to public peace. As such, almost no states allow ‘self-help’ as a reasonable means of ejectment without court and police assistance.

Almost no courts allow going into an invalid occupier’s place of residence without some form of the proper legal notice and/or court approval. In a state where only legally sanctioned ejectment is allowed, a tenant may sue for illegally forced ejection (also sometimes called wrongful eviction). Such lawsuits frequently succeed, with damages assessed against the improperly acting landlord.

Most states allow for a fairly quick legal process of ejectment. Look first at the terms of the lease. A court will usually consider the terms of a lease before invoking the state’s laws unless the lease is illegal or the provisions regarding ejectment are illegal or manifestly unfair. Following legal processes for ejectment or eviction is always recommended. Landlords that do not follow formalities are punished either with damages, the tenant recovering possession of the property, and/or other punitive measures that lengthen the amount of time before a landlord can recover the property.

Case Studies: Understanding Ejectment

Case Study 1: Landlord’s Legal Right

In this case, the landlord, John, sought to regain possession of his rental property from the occupant, Mark. John believed that Mark had no valid legal claim to be there and wanted to evict him through the process of ejectment. John hired an experienced attorney to present evidence of his legal right to the property and to demonstrate that Mark had no valid basis for remaining on the premises. The case required careful examination of lease terms, state laws, and proper legal notice to ensure a swift and legal resolution to the conflict.

Case Study 2: Avoiding Self-Help Measures

Sarah, a property owner, became frustrated with a tenant, Mike, who continuously violated lease terms and refused to vacate the property. Tempted to resort to self-help measures, such as changing the locks, Sarah wisely consulted with a legal professional. The attorney advised her against self-help actions and instead initiated the formal ejectment process. By following the legal procedures, Sarah protected herself from potential lawsuits for wrongful eviction and ensured a fair resolution to the dispute.

Case Study 3: Swift Legal Process

In this case, a tenant, Lisa, filed for ejectment after discovering that her landlord, Alex, was violating state laws and the terms of their lease agreement. The court examined the lease provisions and state ejectment laws, determining that Lisa had a valid claim to recover possession of the property. Due to the court’s swift legal process, Lisa was able to regain possession and protect her rights as a tenant.