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!

Multiple Choice

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

Explanation:
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.

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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