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 South Carolina Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a plaintiff (typically a landlord or property owner) seeking to regain possession of their property from a defendant who is unlawfully occupying it. This type of complaint is specifically used when the defendant refuses to vacate the premises even after a formal demand to surrender the property has been made. Keywords: South Carolina, complaint, forcible entry and detained, defendant, surrender premises, demand, unlawful occupancy, regain possession, legal document, landlord, property owner. Different Types of South Carolina Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: 1. Residential Forcible Entry and Detained: This type of complaint is used when the defendant, who may be a tenant or occupant of a residential property, refuses to vacate the premises upon demand by the landlord or property owner. 2. Commercial Forcible Entry and Detained: This category involves a complaint filed by a commercial property landlord against a tenant or occupant who wrongfully continues to occupy the commercial space after a demand to surrender the premises has been made. 3. Agricultural Forcible Entry and Detained: This type of complaint applies to cases where a tenant or occupant of agricultural land, such as a farm or rural property, fails to comply with a demand to leave the premises. Each of these types of complaints share the common goal of seeking legal remedies to regain rightful possession of the property by initiating a court proceeding against the defendant who refuses to surrender the premises despite a formal demand.
