Ejectments and evictions are legal actions that are used in separate circumstances. Both actions are intended to legally remove occupants from a property. The trials for each type of legal action take place in different courts. Eviction cases are held in a landlord-tenant court, while ejectment cases are usually held in a circuit court.
To pursue an eviction case, the individuals must have a tenant-landlord relationship. This can usually be proven through the written rental contract. If the occupant has paid rent to the landlord, they are considered a tenant of the property. The eviction process takes place in a landlord-tenant court, which is why the tenant-landlord relationship is vital.
Ejectments occur when there is not an existing landlord-tenant relationship. These occur when the owner wants to remove an occupant from their property. This may include a guest who has overstayed their welcome and is typically characterized by an occupant that has never paid rent but refuses to leave. Ejectments tend to be easier to prove, unless the occupant can prove that they have ownership in the property.
Ejectments and evictions are separate processes that are often used to produce the same results, but they are used in different circumstances. To determine the proper course of action for your situation, you may want to consider contacting an experienced attorney. To obtain superior legal guidance, contact us at LeBaron & Jensen today!