Summary Eviction Law and Legal Definition
Summary eviction refers to eviction accomplished through a simplified legal procedure, without the formalities of a full trial. Summary eviction proceeding is the quickest way to legally evict a tenant. Generally, a landlord can petition for summary eviction in a civil court. Before a landlord can file a petition for summary eviction, the landlord must serve a notice on the person to be evicted. If the person who is served with notice does not rectify the problem within the given time period, a court upon having evidence can order summary eviction.
The following is an example of a case law defining summary eviction :
Summary eviction is the remedy in an action to regain possession of real property by removal of a holdover tenant or a prior owner refusing to surrender property sold at a foreclosure sale.[McNeil v. Home Budget Loans, 2010 U.S. Dist. LEXIS 58111 (C.D. Cal. May 13, 2010)]
