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

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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.

The Pennsylvania Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord or property owner in the state of Pennsylvania when a tenant or occupant refuses to vacate the premises despite a demand for surrender. This complaint is also known as an eviction lawsuit and is an essential step for the property owner to regain possession of the property. Keywords: Pennsylvania, complaint, forcible entry, detained, defendant, refuse, surrender, premises, demand. Different types of Pennsylvania Complaint for Forcible Entry and Detained related to tenant refusal to surrender premises on demand may include: 1. Residential Forcible Entry and Detained: This type of complaint is filed when the tenant residing in a residential property fails to vacate the premises despite the landlord's demand to surrender. 2. Commercial Forcible Entry and Detained: This complaint is applicable when a business tenant refuses to surrender a commercial property, including retail spaces, offices, or warehouses, as per the landlord's demand. 3. Unlawful Detained Complaint: In cases where the occupant unlawfully holds possession of the property, even after the termination of the lease or rental agreement, a landlord can file an unlawful detained complaint. This legal action aims to evict the occupant and regain control of the premises. 4. Holdover Tenant Complaint: When a tenant stays in the rental property after the lease term expires without renewing or extending the agreement, the landlord can file a holdover tenant complaint. This complaint seeks to remove the tenant and reclaim the premises. 5. Tenant-at-Will Forcible Entry and Detained: A tenant-at-will is a tenant without a written lease agreement, and in cases where they refuse to vacate the property despite the landlord's demand, a forcible entry and detained complaint can be filed against them. In each of these scenarios, the Pennsylvania Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand serves as a lawful means for the property owner to initiate the eviction process and regain possession of the property. It outlines the details of the case, including the demand for surrender, the reasons for eviction, any breach of lease terms, and any outstanding rent or fees owed by the tenant. The complaint follows the legal procedures established under Pennsylvania landlord-tenant laws, ensuring the rights of both parties are protected.

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FAQ

Pennsylvania's Landlord Tenant Act (68 P.S. §§ 250.101?250.60) protects both tenants and landlords by establishing basic rules for renting residential property.

Pennsylvania law states a landlord must fix something within a reasonable amount of time. Landlords must adhere to the Warranty of Habitability which is included in every lease to make sure the property is safe to live in.

If a tenant leaves or abandons their personal property at the leased premises at the time they vacate or relinquish possession, under Pennsylvania Law a landlord must provide the tenant with a ten day written notice to retrieve their personal property.

Pennsylvania Landlord Tenant Law protects both tenants and landlords by establishing basic regulations for the rental of residential property. Rental issues such as repairs and maintenance and eviction procedures are governed by Landlord Tenant law.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

The Pennsylvania Supreme Court has ensured that tenants have the right to a decent place to live. This guarantee to decent rental housing is called the Implied Warranty of Habitability. Landlords must remedy serious defects affecting the safety or the ability to live in the rental unit.

Under the right to a safe and habitable home, a landlord cannot force a tenant to move into a home or unit ?as-is? and cannot demand that the tenant be responsible for repairs. To be safe, and habitable, a unit or home should have: Working smoke alarms. Working hot water.

There are often two parts to a Judge's decision: Possession (eviction) and Money Judgment. You have the right to appeal a judgment entered against you. Appeals are filed with the Prothonotary at the Court of Common Pleas.

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Nov 2, 2001 — Forcible Detainer. (a) A person who refuses to surrender possession of real property on demand comunits a forcible detainer if the person: (l) ... In Unlawful Detainer, Tenant Alone May be Made Defendant. § 21107. Parties Generally. § 21108. Complaint Must be Verified. § 21109. Summons, Form and Service of ...--No lease of any real property made or created for a term of more than three years shall be assigned, granted or surrendered except in writing signed by the ... File with the Court a copy of the Demand for Compliance or Right to Possession Notice or Notice to Quit. Please mark as Exhibit “B”. FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or a ... After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment ... (b) If unknown occupants are not named in the initial summons and complaint and an eviction order in favor of the plaintiff is entered, but the order does not ... Apr 10, 2019 — If the Defendant(s) refuse(s) to leave, you can file a lawsuit with the court to evict the Defendant(s). STEP 2 Complete the forms. Complete ... Feb 7, 2023 — We hold, therefore, that the written demand to surrender, which is a prerequisite to filing a forcible entry and detainer action against a month ... (1) The plaintiff, in the plaintiff's complaint: (a) shall set forth the facts on which the plaintiff seeks to recover; (b) may set forth any circumstances of ...

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