How an Ejectment Differs from an Eviction

While both ejectment and eviction aim to remove a person from a property, they arise under different circumstances. An eviction may be performed where a written lease exists between the landlord and tenant. It is used to remove a tenant who has defaulted on rent or otherwise violated the lease terms. The legal right to possession in an eviction scenario usually derives from a lease or rental agreement, and the eviction process follows local landlord-tenant laws. In contrast, an ejectment is used where there is no written lease or where the parties have a genuine dispute of ownership. There may or may not be a lease contract at issue. Instead, the central question is which party holds a valid right to possess the property. Consequently, ejectment actions can be more complex and often require extensive evidence of title, deeds, or other documentation proving rightful ownership. Further, while evictions may be pursued in District Court, an ejectment must be pursued in Circuit Court.