Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.
Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.
Description of Kansas Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: A Kansas Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a plaintiff (usually a landlord) against a defendant (typically a tenant) who refuses to vacate the premises after a proper demand has been made. This complaint initiates legal proceedings to regain possession of the property. In this specific type of complaint, the plaintiff accuses the defendant of unlawfully holding onto the premises and seeks a court order for the defendant's eviction. The complaint details the facts of the case, the property involved, the specific demand made by the plaintiff to surrender the premises, and the defendant's continued refusal to vacate. To file this complaint, the plaintiff must submit relevant information such as the names and addresses of both parties, the type and location of the property, the date and manner of the original lease or agreement, the specific date and manner of the demand for surrender, and any other relevant details supporting the claim of forcible entry and detained. Different variations or subtypes of the Kansas Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand may arise depending on specific circumstances or additional claims made by the plaintiff. Some possible variations include: 1. Kansas Complaint for Forcible Entry and Detained with Rent Claim: This variation includes a claim for unpaid rent along with the demand for surrender of the premises. The plaintiff seeks both eviction and monetary damages for the unpaid rent. 2. Kansas Complaint for Forcible Entry and Detained — Abandoned Premises: In this case, the plaintiff asserts that the defendant has permanently vacated the premises but has left behind personal belongings or failed to properly terminate the lease. The complaint seeks eviction and a court order allowing the plaintiff to dispose of the abandoned property. 3. Kansas Complaint for Forcible Entry and Detained — Holdover Tenant: This variation is applicable when the defendant remains on the premises after the expiration of the lease or rental agreement without the landlord's permission. The complaint seeks eviction and any applicable damages caused by the holdover tenancy. It is important for both landlords and tenants in Kansas to understand their rights and obligations regarding forcible entry and detained. Seeking legal advice or assistance can help ensure proper compliance with the law and protect the interests of both parties involved.
