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 Wisconsin Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord against a tenant who is refusing to vacate the rented premises despite being asked to do so. This type of complaint is commonly used in landlord-tenant disputes when a tenant remains in possession of the property even after the landlord has demanded the return of the premises. The complaint seeks a court order for eviction, allowing the landlord to regain possession of the property. In Wisconsin, there are different variations of the Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand, each addressing specific circumstances: 1. Residential Eviction: This type of complaint is filed when the tenant refuses to vacate a residential property after the landlord's demand to surrender the premises. It can apply to any leased residential property, such as apartments, houses, or condominiums. 2. Commercial Eviction: This complaint is utilized when the tenant, who occupies the premises for commercial purposes, fails to surrender the property despite the landlord's demand. It is typically used when a business tenant refuses to vacate a rented office, retail space, or industrial property. 3. Holdover Tenant Eviction: This complaint is employed when a tenant continues to occupy the premises beyond the expiration of their lease term without the landlord's consent. It is also applicable when a tenant remains in the property after their lease has been terminated by the landlord. 4. Unauthorized Occupant Eviction: This type of complaint is filed when someone who is not a tenant in the lease agreement refuses to surrender the premises even after being asked to do so. It can involve individuals who were once authorized occupants but have overstayed their welcome or someone who has gained unlawful entry into the property. When filing the Wisconsin Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand, the landlord must include specific information such as the lease agreement details, the tenant's refusal to surrender the property, evidence of the landlord's demand to vacate, and any outstanding rent and damages owed by the tenant. Please note that this is a general description, and it is advisable to consult with a qualified attorney or review the applicable laws in Wisconsin for detailed guidance when dealing with specific legal situations.
