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 Dakota Complaint for Forcible Entry and Detained is a legal document filed by a plaintiff (typically a landlord or property owner) against a defendant (the tenant) who refuses to surrender the premises on-demand. This type of complaint is relevant in cases where a tenant is unlawfully occupying the property and refuses to vacate despite receiving a demand to do so from the plaintiff. Keywords: South Dakota, Complaint for Forcible Entry and Detained, defendant, surrender premises, demand, landlord, tenant, unlawful occupation, vacate. Different types of South Dakota Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand may include: 1. Residential Forcible Entry and Detained Complaint: This involves a plaintiff (landlord) who owns a residential property and alleges that the defendant (tenant) is unlawfully occupying the premises and refuses to leave despite receiving a demand to vacate. 2. Commercial Forcible Entry and Detained Complaint: In this scenario, the plaintiff (property owner or landlord) files a complaint against a defendant (tenant) who refuses to surrender a commercial property after receiving a demand to vacate. 3. Agricultural Forcible Entry and Detained Complaint: This type of complaint arises when the plaintiff (property owner or landlord) is seeking to regain possession of an agricultural property being unlawfully occupied by the defendant (tenant) who refuses to vacate despite a demand to do so. 4. Manufactured Home Forcible Entry and Detained Complaint: This particular complaint is relevant when a plaintiff (landlord or property owner) rents a manufactured home to a defendant (tenant) who refuses to surrender the premises on-demand. Each of these complaints shares the common theme of a defendant's refusal to surrender the premises upon demand, but they differ in terms of the type of property being unlawfully occupied.
