Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.
An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Delaware Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord to initiate eviction proceedings against a residential tenant who continues to occupy the rental property after their lease has expired. Keywords: Delaware, complaint, unlawful detained, residential tenant, holding over, expiration of term, eviction proceedings, rental property. Different types of Delaware Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term include: 1. Standard Complaint for Unlawful Detained — This is the most common type of complaint filed when a residential tenant holds over after the expiration of their lease term without the landlord's consent. 2. Complaint for Unlawful Detained with Notice to Quit — In this case, the landlord must serve a notice to quit to the tenant, informing them of their violation and the landlord's intention to initiate eviction proceedings if the tenant fails to vacate the premises. 3. Complaint for Unlawful Detained — Commercial Tenant HoldinOneve— - This type of complaint is specific to commercial rental properties, where a tenant continues to occupy the premises unlawfully after their lease has expired. 4. Complaint for Unlawful Detained — Tenant Holding Over with Rent Owe— - If a tenant holds over after the expiration of their lease term and also owes rent to the landlord, this type of complaint can be filed to seek eviction and recover the unpaid rent. 5. Complaint for Unlawful Detained — Tenant Holding Over with Property Damage — If a tenant holds over after the lease has expired and has caused significant damage to the property, this type of complaint may be filed to seek eviction and compensation for the damages. It's important to note that the specific language and requirements for these complaints may vary, so it is recommended to consult with a lawyer or legal professional familiar with Delaware landlord-tenant laws before filing a complaint.A Delaware Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord to initiate eviction proceedings against a residential tenant who continues to occupy the rental property after their lease has expired. Keywords: Delaware, complaint, unlawful detained, residential tenant, holding over, expiration of term, eviction proceedings, rental property. Different types of Delaware Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term include: 1. Standard Complaint for Unlawful Detained — This is the most common type of complaint filed when a residential tenant holds over after the expiration of their lease term without the landlord's consent. 2. Complaint for Unlawful Detained with Notice to Quit — In this case, the landlord must serve a notice to quit to the tenant, informing them of their violation and the landlord's intention to initiate eviction proceedings if the tenant fails to vacate the premises. 3. Complaint for Unlawful Detained — Commercial Tenant HoldinOneve— - This type of complaint is specific to commercial rental properties, where a tenant continues to occupy the premises unlawfully after their lease has expired. 4. Complaint for Unlawful Detained — Tenant Holding Over with Rent Owe— - If a tenant holds over after the expiration of their lease term and also owes rent to the landlord, this type of complaint can be filed to seek eviction and recover the unpaid rent. 5. Complaint for Unlawful Detained — Tenant Holding Over with Property Damage — If a tenant holds over after the lease has expired and has caused significant damage to the property, this type of complaint may be filed to seek eviction and compensation for the damages. It's important to note that the specific language and requirements for these complaints may vary, so it is recommended to consult with a lawyer or legal professional familiar with Delaware landlord-tenant laws before filing a complaint.
