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

State:
Multi-State
Control #:
US-03314BG
Format:
Word; 
Rich Text
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Description

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

Rule 80C - Review of Final Agency Action (a) Mode of Review. A review of final agency action or the failure or refusal of an agency to act brought in the Superior Court pursuant to 5 M.R.S.A.

The Motion to Stay the Writ of Possession may state that the resident paid the rent, the eviction was unfair, the resident needs more time, the case is defective or just about anything on earth that the resident can come up with to convince a judge that the eviction should be stopped or make the judge feel sorry for ...

When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant.

Your landlord must give you either a 30-day or 7-day written notice to leave, or they can combine both of these into one notice. Any notice must advise you of your right to contest the eviction in court. This is called a "Notice to Quit."

No. If your landlord wants to come into your home to make non-emergency repairs, or inspect the apartment, they must give you "reasonable notice." This means at least 24 hours notice. If the landlord does give you ?reasonable notice? you can't refuse them entry to the unit.

Eviction records can be searched either statewide or nationwide. Tenant screening agencies can report the applicant address history and if they paid their rent.

"Forcible Entry and Detainer (FED)" is another name for an eviction case.

If a tenant changes the lock and refuses to provide the landlord with a duplicate key, the landlord may terminate the tenancy with a 7-day notice.

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