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.
Description: The Alabama Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used in Alabama when a defendant refuses to vacate a property after receiving a demand to surrender the premises. This complaint is filed by the plaintiff (usually the property owner or landlord) seeking the court's assistance in legally reclaiming possession of the property. Keywords: 1. Alabama Complaint for Forcible Entry and Detained: This refers to the specific legal form utilized in Alabama to initiate legal action against a defendant who refuses to surrender the premises. 2. Defendant: The individual or party occupying the property without the legal right or permission. 3. Refuses to Surrender: Denotes the defendant's act of not vacating the property after receiving a demand or notice from the plaintiff. 4. Premises: The property in question, which may include residential, commercial, or rental units. 5. Forcible Entry and Detained: Describes the nature of the complaint, indicating that the plaintiff is seeking the defendant's forcible removal from the premises. Different Types: While there is typically only one standard Alabama Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand, variations may arise depending on the specific circumstances and location. These variations may include: 1. Residential Forcible Entry and Detained Complaint: Pertains to cases involving residential properties, such as apartments, houses, or condominiums. 2. Commercial Forcible Entry and Detained Complaint: File by landlords or property owners seeking to regain possession of commercial properties, including offices, stores, or warehouses. 3. Rental Forcible Entry and Detained Complaint: Relates to situations where a tenant refuses to surrender the rented premises, leading the landlord to file a complaint seeking eviction. 4. Month-to-Month Forcible Entry and Detained Complaint: Specific to cases where the tenancy agreement is on a month-to-month basis, allowing the landlord to terminate the tenancy by giving proper notice and subsequently filing a complaint if the defendant refuses to leave. These different types of complaints may vary slightly in the specific details and legal requirements, but the overall purpose remains the same — to address the defendant's refusal to surrender the premises after a demand has been made. Legal counsel should be consulted to ensure accurate documentation based on the circumstances of the complaint.Description: The Alabama Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used in Alabama when a defendant refuses to vacate a property after receiving a demand to surrender the premises. This complaint is filed by the plaintiff (usually the property owner or landlord) seeking the court's assistance in legally reclaiming possession of the property. Keywords: 1. Alabama Complaint for Forcible Entry and Detained: This refers to the specific legal form utilized in Alabama to initiate legal action against a defendant who refuses to surrender the premises. 2. Defendant: The individual or party occupying the property without the legal right or permission. 3. Refuses to Surrender: Denotes the defendant's act of not vacating the property after receiving a demand or notice from the plaintiff. 4. Premises: The property in question, which may include residential, commercial, or rental units. 5. Forcible Entry and Detained: Describes the nature of the complaint, indicating that the plaintiff is seeking the defendant's forcible removal from the premises. Different Types: While there is typically only one standard Alabama Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand, variations may arise depending on the specific circumstances and location. These variations may include: 1. Residential Forcible Entry and Detained Complaint: Pertains to cases involving residential properties, such as apartments, houses, or condominiums. 2. Commercial Forcible Entry and Detained Complaint: File by landlords or property owners seeking to regain possession of commercial properties, including offices, stores, or warehouses. 3. Rental Forcible Entry and Detained Complaint: Relates to situations where a tenant refuses to surrender the rented premises, leading the landlord to file a complaint seeking eviction. 4. Month-to-Month Forcible Entry and Detained Complaint: Specific to cases where the tenancy agreement is on a month-to-month basis, allowing the landlord to terminate the tenancy by giving proper notice and subsequently filing a complaint if the defendant refuses to leave. These different types of complaints may vary slightly in the specific details and legal requirements, but the overall purpose remains the same — to address the defendant's refusal to surrender the premises after a demand has been made. Legal counsel should be consulted to ensure accurate documentation based on the circumstances of the complaint.