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Complaint for Forcible Entry and Detainer - Defendant Refuses to...

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

Category:

Criminal - Complaints

State:

Multi-State

Control #:

US-03314BG

Format:

Instant download

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.

Definition and meaning

A Complaint for Forcible Entry and Detainer is a legal document filed by a property owner or landlord against a tenant or individual who unlawfully occupies a property. This complaint is used in situations where the defendant has refused to vacate the premises after being requested to do so. The primary purpose of this form is to initiate a court process to obtain lawful possession of the property.

How to complete a form

To complete a Complaint for Forcible Entry and Detainer, follow these steps:

Begin by identifying the court where you will file the complaint.
Fill in your name and address as the plaintiff.
Include the name and address of the defendant.
Provide a detailed description of the property and the events leading to the complaint, including dates.
Specify the damages incurred due to the unlawful entry, if applicable.
Clearly state the remedy you seek from the court.
Sign and date the form before submission.

Who should use this form

This form is typically used by landlords, property owners, or individuals who have a legal right to occupy a property but are facing eviction or unlawful detention by another party. If you are dealing with a tenant who has refused to leave after lease termination or a situation where someone has entered your property unlawfully, this complaint is appropriate to file.

Legal use and context

The Complaint for Forcible Entry and Detainer is governed by state laws regarding property rights and tenant eviction processes. It is essential to be familiar with your state’s specific procedures, as requirements may vary significantly. Filing this complaint typically marks the beginning of legal proceedings to reclaim possession of property and often leads to a court hearing where both parties can present their case.

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FAQ

If you do not vacate by the day in the notice, the landlord can then apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination order. A termination order ends the tenancy and specifies the day by which you must give vacant possession.

If you file an eviction (unlawful detainer) case and you decide you do not want to move forward, you can ask the court to dismiss the case.You included more than one tenant in your eviction case but have decided you only want to evict one or some of them, so you dismiss the case as to the others.

Detainer Warrant is the leading process of General Sessions Court, used by a plaintiff in order to regain possession of his/her real property from a defendant, usually one who has failed to pay rent. This warrant has a 30-day limit and the Court date is to be set at least six days from the date of service.

A summary proceeding to recover possession of land that is instituted by one who has been wrongfully ousted from, or deprived of, possession. Even if it is unlawful, peaceable possession cannot be terminated by violence.

After the Landlord and Tenant Board makes an order to evict a tenant, a court official called the Sheriff is in charge of enforcing or carrying out the order. If you have not moved out by the date the eviction order says you must move, the Sheriff can make you leave and let your landlord change the locks.

If you have an eviction record on your background, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing...

An unlawful detainer is a legal way for a landlord to evict a tenant. It requires a special court process and can move quickly through the court system. Unlawful detainer cases are often used if one of the following occurs: The tenant does not leave after the lease ends. Rent is not paid.

If you win an eviction hearing, the court will pass a judgment in your favor. This judgment allows you to get a writ of possession.Even with this winning judgment, there are cases where tenants may still refuse to leave the property. As if the hearing never happened, they continue to live in your house.