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.
Florida Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used in the state of Florida to initiate a legal proceeding against a defendant who has refused to vacate a property even after a demand to surrender the premises has been made by the plaintiff. This complaint is specifically relevant in cases where the defendant is unlawfully occupying the property or has remained on the premises even after the expiration of a lease or rental agreement, without the consent of the plaintiff. Keywords: 1. Florida: This refers to the geographical location where the complaint is filed, ensuring jurisdictional relevance. 2. Complaint: This legal term signifies the initial document filed by the plaintiff to begin a court action against the defendant. 3. Forcible Entry and Detained: This legal action pertains to cases where the defendant is wrongfully occupying a property without the permission of the plaintiff, necessitating the need for forcible removal. 4. Defendant: The party against whom the complaint is filed, i.e., the person refusing to vacate the premises on demand. 5. Surrender Premises: This phrase emphasizes that the defendant is expected to willingly leave and hand over the property to the plaintiff upon demand. 6. Demand: Refers to a formal request made by the plaintiff to the defendant, demanding the surrender of the premises. 7. Types: There are no specifics named different types of Florida Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand. However, variations may exist based on the specific circumstances of the case or the type of property involved (e.g., residential, commercial, etc.). In summary, the Florida Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used to request the court's intervention to evict a defendant who has unlawfully remained on a property despite a demand to vacate made by the plaintiff in the state of Florida.
