Ejectment Lawsuits.

Ejectment actions are lawsuits to remove occupants who do not have a lease and no longer have permission to remain on land. These actions are typically required where the defendants fall somewhere in between squatters and tenants. Rent paying tenants who have a written lease with the landlord may be "evicted" but if no written lease exists or a person who previously had permission to occupy now refuses to return possession then the owner will likely need to file an ejectment action. The main goal of an ejectment lawsuit is to restore possession of the land to its rightful owner. If you would like to speak with an attorney about an ejectment issue then you may call our office at 256-489-0038 or request a consultation: 

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Key Elements of an Ejectment Action

Ownership: The plaintiff must establish a valid legal right to the property, such as holding recorded title or a legally enforceable interest.

Occupation: The defendant is occupying or possessing the property without the plaintiff's permission.

Defendant's lack of right of possession: The Defendant has no valid legal right to occupy the property.

Mense Profits and Damages: Mense profits are the fair rental value of the property while the defendant unlawfully possesses the property.  The owner may also be entitled to recover for damage or waste to the real property caused by the defendant for the duration of the unlawful possession, as well as any additional financial losses the owner incurred as a result of being deprived of rightful use.

How an Ejectment Differs from an Eviction

Both ejectment and eviction are used to remove someone from a property, but they apply in different situations. An eviction is used when there is a written lease between a landlord and tenant. It allows a landlord to remove a tenant who has not paid rent or has broken the lease rules. The right to possession in an eviction comes from the lease, and the process follows local landlord-tenant laws.

An ejectment, on the other hand, is used when there is no written lease or when there is a real dispute over who owns the property. The main issue in an ejectment case is deciding who has the legal right to possess the property. Because of this, ejectment cases are usually more complicated and require proof such as deeds or other ownership documents. Evictions are typically handled in District Court, while ejectment cases must be filed in Circuit Court.

How Alabama Property and Estate Law, LLC. Can Help

If you or someone you know are involved in a dispute regarding ownership or need to speak about filing an ejectment action, contact us at 256-489-0038. Our legal team is ready to help you navigate and simplify the process to ensure that you receive the best possible outcome for your case.