275. Unlawful eviction; inability to take possession.

There is no apportionment in favour of a landlord who unlawfully evicts the tenant from part of the demised premises, and no part of the rent is recoverable so long as the eviction continues1. Nor may the landlord recover in a claim for use and occupation in respect of the part of the premises retained by the tenant2. Similarly, where the lease includes land and chattels, and the tenant is unlawfully evicted from the land, there is no apportionment of the rent3.

Where part of the premises is held by a third person rightfully claiming under a title adverse to