Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand
About this form
This Complaint for Forcible Entry and Detainer is a legal document used to seek the immediate recovery of premises when a defendant refuses to surrender the property. Unlike other eviction forms, this complaint focuses on cases where unlawful entry and detention have occurred without tenant rights. It serves as a necessary step to resolve disputes over property possession legally.
Common use cases
This form is used when a property owner, or plaintiff, encounters a situation where a defendant has unlawfully entered and is refusing to leave the premises after a demand for surrender has been made. It is pertinent in cases where informal agreements or initial eviction attempts have failed, necessitating formal legal action.
Who can use this document
- Property owners seeking to regain possession of their premises.
- Loyalty state laws regarding eviction and property rights.
- Landlords dealing with tenants who refuse to vacate after a lease agreement or rental terms have ended.
Instructions for completing this form
- Identify the parties by entering the names and residential details of both the plaintiff and defendant.
- Specify the address of the premises from which the defendant is being evicted.
- Provide the date of the unlawful entry and include the details of when the surrender demand was made.
- Outline the damages suffered due to the defendant's actions, including dollar amount per day of possession.
- Sign the form and have your attorney complete any necessary legal declarations.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Typical mistakes to avoid
- Failing to provide accurate details about the premises and parties involved.
- Not specifying the correct dates of entry and demand for surrender.
- Omitting the claim for damages or incorrectly calculating the amount owed.
Why complete this form online
- Convenience of completing the form from home at your own pace.
- Editability allows you to customize the form easily to your specific situation.
- Access to legal templates drafted by licensed attorneys, ensuring compliance with local laws.
Form popularity
FAQ
If you do not vacate by the day in the notice, the landlord can then apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination order. A termination order ends the tenancy and specifies the day by which you must give vacant possession.
If you file an eviction (unlawful detainer) case and you decide you do not want to move forward, you can ask the court to dismiss the case.You included more than one tenant in your eviction case but have decided you only want to evict one or some of them, so you dismiss the case as to the others.
Detainer Warrant is the leading process of General Sessions Court, used by a plaintiff in order to regain possession of his/her real property from a defendant, usually one who has failed to pay rent. This warrant has a 30-day limit and the Court date is to be set at least six days from the date of service.
A summary proceeding to recover possession of land that is instituted by one who has been wrongfully ousted from, or deprived of, possession. Even if it is unlawful, peaceable possession cannot be terminated by violence.
After the Landlord and Tenant Board makes an order to evict a tenant, a court official called the Sheriff is in charge of enforcing or carrying out the order. If you have not moved out by the date the eviction order says you must move, the Sheriff can make you leave and let your landlord change the locks.
If you have an eviction record on your background, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing...
An unlawful detainer is a legal way for a landlord to evict a tenant. It requires a special court process and can move quickly through the court system. Unlawful detainer cases are often used if one of the following occurs: The tenant does not leave after the lease ends. Rent is not paid.
If you win an eviction hearing, the court will pass a judgment in your favor. This judgment allows you to get a writ of possession.Even with this winning judgment, there are cases where tenants may still refuse to leave the property. As if the hearing never happened, they continue to live in your house.
