This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
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An accion publiciana is an ordinary civil proceeding to recover the right of possession and determine the better right of possession of realty independently of title when the dispossession has lasted for more than one year and the plenary action of forcible entry or illegal detainer is no longer available.
An accion publiciana is an ordinary civil proceeding to recover the right of possession and determine the better right of possession of realty independently of title when the dispossession has lasted for more than one year and the plenary action of forcible entry or illegal detainer is no longer available.
In forcible entry, one is deprived of physical possession of any land or building by means of force, intimidation, threat, strategy, or stealth. In unlawful detainer, one unlawfully withholds possession thereof after the expiration or termination of his right to hold possession under any contract, express or implied.
Claim and Delivery is issued prior to judgment and permits the levying officer to seize specific personal property in possession of the defendant or the defendant's agent. A Claim and Delivery differs from a Writ of Attachment.