When a landlord removes a tenant without the court's intervention, what is this process called?

Prepare for the New York Real Estate Salesperson Test with interactive multiple choice questions and detailed explanations on each topic. Study effectively and pass your exam with confidence!

The process of a landlord removing a tenant without the court's intervention is termed actual eviction. This situation typically occurs when a landlord physically removes a tenant from the property, often through self-help methods, rather than going through the legal eviction process. Actual eviction implies that the tenant is forced to leave the premises, which can lead to legal consequences for the landlord, as this practice is often considered illegal and can infringe on tenant rights.

The concept of actual eviction highlights the importance of following proper legal procedures to remove a tenant, which usually requires a court order or judgment. Understanding this term is crucial for landlords and tenants alike, as it emphasizes the rights of tenants to due process and the legal protections against unlawful eviction actions.

In contrast, the other terms in the list relate to different aspects of tenancy and property rights. Easement by necessity refers to a legal right to access someone's land for a specific purpose, typically allowing access to a landlocked parcel. A holdover tenant is someone who remains in a rental property after their lease has expired, and estate at sufferance refers to the situation where a tenant continues to occupy the property without the landlord's consent after the lease expires. Understanding these distinctions further underscores why actual eviction is the appropriate term for the scenario described

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