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Use and Occupation

A kind of action brought by a landlord against an individual who had occupancy of the landlord's land or premises under an express or implied agreement requiring payment, but not under a leasehold contract that would allow the landlord to initiate an action for rent.

For example, property might be occupied under a lease that is rendered void because it does not comply with the STATUTE OF FRAUDS. In such a situation, the landlord could bring a use and occupation action for the value of the use of the property.

CROSS-REFERENCES

Landlord and Tenant.

Additional topics

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