Total Eviction Law and Legal Definition

Total eviction is an eviction in which the possessor or the tenant is wholly deprived of any right in the premises. It is different form a partial eviction in which the tenant is evicted from a portion of the tenant’s premises.

A total eviction, whether actual or constructive, deprives the lessee of the beneficial enjoyment of the premises. Rent, the principal consideration for the use and enjoyment of the leased premises, is suspended only prospectively, until the lessee returns to possession of the premises. Past rent is not recoverable by the lessee. [Talbot v. Citizens Nat'l Bank, 389 F.2d 207 (7th Cir. 1968)].