Purgatio wrote:Kernen wrote:
Yeah, you dont know how it works in the US.
Eviction is a difficult process with tons of protections built into the process that benefit the tenant. Generally, this includes a period during which the landlandlord or owner cannot try to remove them. Contempt strikes me as vanishingly unlikely in an eviction case against the tenant.
That sucks, honestly it should be unconstitutional under the Due Process Clause in my view for States to make it overly-burdensome to evict trespassers and squatters (if we were still that golden Lochner era of SCOTUS jurisprudence this would still be a viable legal or constitutional argument). Its ridiculous that the legal system bends over backwards to try and protect the interests and feelings of individuals with no valid or legitimate claim or entitlement to the item in question, at the expense of innocent property owners just trying to vindicate their basic rights. In a perfect world, eviction proceedings would be fast, simple, and efficient - prove you own the property, and unless the defendant can show he occupies the land under lease or licence, that's the end of the proceedings and you get your possession/eviction order. And if they don't leave then they go to jail. Its only fair and just.
This is so wrong it hurts.
Even under Lochner, it wouldnt be unconstitutional to impose these limits. The Lochner era was a time the Court seemed to recognize economic liberty, but often it was applied with a wanton approach to legal theory.
The eviction process is due process by any measure. Be because those living there have a right to make an evidentiary case regarding their possible possessors rights, and because the balance of equities suggests that losing money as a landlord is less harmful and prejudicial to your defense than being unexpectedly without shelter.
In a perfect world, there wouldnt need to be evictions, but barring that, an ideal eviction process is one that protects the vulnerable party, since most landlords are business entities.
Considering the vast equitable powers you're invoking, you should be careful about tossing around "fair and just" when comparing the bargaining position between landlord and tenant, even a squatting tenant.




