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.
Delaware Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord or property owner against a tenant who refuses to vacate the premises after a demand to surrender has been made. This complaint is specific to Delaware and is used to initiate legal proceedings for eviction due to the tenant's refusal to comply with the demand. Keywords: Delaware, complaint, forcible entry, detained, defendant, surrender premises, demand, tenant, landlord, eviction, legal proceedings. Types of Delaware Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: 1. Residential Forcible Entry and Detained Complaint: This type of complaint is filed when the defendant is a tenant in a residential property and fails to surrender the premises upon demand. It applies to cases involving residential leases or rental agreements. 2. Commercial Forcible Entry and Detained Complaint: This complaint is used when the defendant is a tenant in a commercial property, such as a store or office space, and refuses to vacate despite receiving a demand to surrender the premises. 3. Mixed-Use Forcible Entry and Detained Complaint: This type of complaint is applicable when the premises in question serve both residential and commercial purposes. It is used when the defendant, whether residential or commercial tenant, refuses to surrender the premises after a demand is made. It is important to note that these types of complaints may have additional variations or specificities based on the specific jurisdiction or circumstances of the case. Consulting legal resources or seeking professional advice is recommended to ensure accuracy and compliance with the applicable laws in Delaware.
