Massachusetts Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights

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US-02222BG
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Description

Unlawful detention in the real property context means keeping possession of real property without a right, such as after a lease has expired. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Burden of proof beyond a reasonable doubt in criminal law. clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases. probable cause in the acquisition of a warrant or arrest proceeding. reasonable belief as part of establishing probable cause.

A complaint is the pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. A plaintiff starts a civil action by filing a pleading called a complaint.

Filing the Complaint. To begin a lawsuit, the original copy of the complaint is filed in the clerk's office of the court where you can file your case. The clerk does not have to accept complaints that do not comply with court rules.

By phone + However, our Consumer Hotline is staffed from a.m. to p.m., Monday through Friday, to answer your questions, provide information, and give you instructions on how to file a written complaint. You can reach us at (617) 727-8400. You can file a complaint at any time using our online form.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

A tort defines a civil wrong, consisting of four essential elements: duty, wrongful act, injury, and remedy. To pursue damages for a tort, all four essential of torts must be proven. If any of these elements is missing, the tort cannot be established, and damages cannot be awarded.

Elements (of a case) The existence of a legal duty that the defendant owed to the plaintiff. The defendant's breach of that duty. The plaintiff's sufferance of an injury. Proof that defendant's breach caused the injury (typically defined through proximate cause)

Mostly, an answer includes the defendant's counterclaims (allegations or claims against the plaintiff) and/or affirmative defenses (legal defenses that can defeat the plaintiff's claim).

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Massachusetts Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights