Maryland Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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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.

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FAQ

?No Right of Redemption? means that even if the tenant produces the balance due the landlord still has the right to eviction the tenant. In Baltimore County, Prince George's County and Howard County, 3 prior judgments (file onthe 4th) are sufficient to seek ?No Right of Redemption?.

§6?301. (a) A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.

(c) A person may not hold possession of property unless the person is entitled to possession of the property under the law. (d) (1) If a person violates subsection (c) of this section, a person claiming possession may make complaint in writing to the District Court of the county in which the property is located.

The tenant has a reasonable right of privacy; that is, the landlord does not have the right to enter the premises at any time and for any reason. If the landlord does this, he may be guilty of trespassing.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

House Guest or Squatter Refuses to Leave Complaint - To start the court process for wrongful detainer, file a complaint for wrongful detainer in the District Court in the county where the property is located. ... Summons - The court will then send a summons to the Defendant.

Whenever the landlord has given the occupants the proper written notice to vacate the premises, and the occupant does not comply, the landlord may make a complaint in writing to the District Court of the county where the property is located.

Subtitle 1 - Miscellaneous Rules. Section 14-132 - Wrongful Detainer. (a) In this section, ?wrongful detainer? means to hold possession of real property without the right of possession. (3) Any other exclusive means to recover possession is provided by statute or rule.

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Maryland Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand