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.
A North Carolina Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a plaintiff against a defendant who is refusing to vacate a property after being requested to do so. This type of complaint is typically used in landlord-tenant disputes, where the landlord is seeking legal action to regain possession of the premises. In this complaint, the plaintiff (usually the landlord or property owner) alleges that the defendant (tenant or occupant) is unlawfully holding onto the property despite receiving a legal demand for surrender. The complaint outlines the specific details of the case, including the date when the demand for surrender was made, any relevant lease or rental agreements, and the basis for the eviction. Keywords: 1. North Carolina: Refers to the specific jurisdiction where the complaint is being filed. In this case, it pertains to the state of North Carolina. 2. Complaint for Forcible Entry and Detained: This legal complaint is filed by the plaintiff to initiate legal proceedings for the eviction of the defendant from a property. 3. Defendant: The individual or party being sued for refusing to surrender the premises on demand. 4. Premises: The specific property or dwelling in question, which the defendant is occupying without the right to do so. 5. Refuses to Surrender: Indicates that the defendant has declined to vacate the premises despite receiving a lawful request or demand to do so. 6. Demand for Surrender: The formal notice or request issued by the plaintiff to the defendant, demanding that they vacate the property within a specified time frame. 7. Landlord-Tenant Dispute: Describes the nature of the conflict, involving a landlord seeking to regain possession of their property from a tenant who is unlawfully withholding it. 8. Legal Action: Denotes the commencement of legal proceedings against the defendant to resolve the dispute and regain possession of the premises. 9. Eviction: Refers to the act or process of legally removing a person or party from a property through court intervention. 10. Lease or Rental Agreement: Refers to the legal contract between the landlord and tenant, outlining the terms and conditions of the tenancy. Different types of North Carolina Complaint for Forcible Entry and Detained related to the defendant refusing to surrender the premises on demand may include variations based on specific circumstances or additional claims made by the plaintiff. Some possible variations include: — Complaint for Forcible Entry anDetaineder — Tenant Holding Over: The defendant has remained on the property after the termination of their lease or rental agreement. — Complaint for Forcible Entry anDetaineder — UnlawfuDetaineder: The defendant is occupying the premises illegally or without any right to do so. — Complaint for Forcible Entry anDetaineder — Failure to Pay Rent: The defendant has refused to vacate the property after failing to pay rent and despite receiving a demand for surrender. — Complaint for Forcible Entry anDetaineder — Holdover Tenancy: The defendant is continuing to occupy the property beyond the agreed-upon lease or rental term without the landlord's consent. It is important to consult with a legal professional or reference the specific laws and regulations of North Carolina when preparing or responding to a Complaint for Forcible Entry and Detained, as the requirements and procedures may vary.
