What is the legal term for the physical removal of a tenant from a property?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The physical removal of a tenant from a property is referred to as actual eviction. This legal term signifies the process whereby a landlord forces a tenant to vacate the premises, typically through a formal legal procedure that may involve a court order. In practical terms, actual eviction occurs when a landlord takes steps to reclaim their property after the tenant has failed to comply with lease terms, such as non-payment of rent.

Constructive eviction, on the other hand, involves a situation in which a tenant must leave the property because the conditions have become so uninhabitable that continuing to reside there is unreasonable. It's a situation initiated by the tenant due to the landlord's failure to maintain the property.

Quiet enjoyment refers to a tenant's right to enjoy their rental property without interference, which is a fundamental principle in landlord-tenant relationships but does not relate to removal.

Foreclosure pertains to the legal process by which a lender takes possession of the property due to the borrower’s default on a mortgage, which is unrelated to the eviction of tenants.

Thus, while other terms may relate to tenant-landlord issues, actual eviction specifically defines the legal action of physically removing a tenant from a property, making it the correct choice in this context.

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