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.
Title: Understanding Georgia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand Introduction: A Georgia Complaint for Forcible Entry and Detained (FED) occurs when a defendant refuses to vacate a property despite a legitimate demand from the plaintiff. This legal document is crucial for initiating the eviction process and regaining possession of the premises. In this article, we will explore the details and key aspects of the Georgia Complaint for Forcible Entry and Detained in cases where the defendant refuses to surrender the premises on demand. Keywords: Georgia complaint, Forcible Entry and Detained, defendant refuses to surrender premises, demand, eviction process 1. What is a Georgia Complaint for Forcible Entry and Detained? The Georgia Complaint for Forcible Entry and Detained is a legal document filed by a property owner, landlord, or authorized agent seeking to remove a tenant or occupant who refuses to vacate the premises even after receiving a formal demand. It is used in situations where the tenant's possession is unlawful, unauthorized, or has expired. 2. Key Elements of the Georgia Complaint for Forcible Entry and Detained: — Plaintiff Identification: The plaintiff must provide their full name, address, and contact information. — Defendant Identification: The defendant, the party refusing to surrender the premises, must be identified by their full name and current address. — Demand for Possession: The complaint should include specific details about the initial demand for the defendant to vacate the premises, including dates and mode of delivery. — Description of Property: A detailed description of the property, its address, and any relevant lease or rental agreements. — Grounds for Forcible Entry anDetaineder: The document should include the grounds on which the plaintiff is seeking the eviction. — Relief Sought: The desired outcome should be clearly stated, typically the removal of the defendant and recovery of possession of the property. 3. Types of Georgia Complaint for Forcible Entry and Detained: a) Residential Forcible Entry and Detained: This type of complaint is applicable in cases involving residential properties, such as apartments, houses, or condos. b) Commercial Forcible Entry and Detained: This complaint is used when the property in question is a commercial or business establishment, including offices, retail spaces, or warehouses. 4. Steps in the Georgia Forcible Entry and Detained Process: a) Filing the Complaint: The plaintiff needs to complete the necessary forms and file the complaint with the appropriate court. b) Service of Process: The complaint must be properly served to the defendant, ensuring they receive formal notice of the eviction proceedings. c) Summons and Answer: The defendant is given a specific period to respond to the complaint, typically within 7-30 days, depending on the court. d) Hearing and Judgment: If the defendant fails to respond or contests the complaint, a hearing is scheduled, where both parties present their case. The judge then issues a judgment, either in favor of the plaintiff or the defendant. e) Writ of Possession: If the plaintiff prevails, they must obtain a writ of possession, allowing them to regain possession of the property. f) Execution of Writ: With the writ of possession, law enforcement will then enforce the eviction, removing the defendant and returning control of the premises to the plaintiff. Conclusion: The Georgia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a crucial legal document used to initiate the eviction process and regain possession of premises when a defendant refuses to vacate even after a formal demand. Understanding the key elements of this complaint and the steps involved in the Forcible Entry and Detained process can help plaintiffs navigate the legal aspects effectively.Title: Understanding Georgia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand Introduction: A Georgia Complaint for Forcible Entry and Detained (FED) occurs when a defendant refuses to vacate a property despite a legitimate demand from the plaintiff. This legal document is crucial for initiating the eviction process and regaining possession of the premises. In this article, we will explore the details and key aspects of the Georgia Complaint for Forcible Entry and Detained in cases where the defendant refuses to surrender the premises on demand. Keywords: Georgia complaint, Forcible Entry and Detained, defendant refuses to surrender premises, demand, eviction process 1. What is a Georgia Complaint for Forcible Entry and Detained? The Georgia Complaint for Forcible Entry and Detained is a legal document filed by a property owner, landlord, or authorized agent seeking to remove a tenant or occupant who refuses to vacate the premises even after receiving a formal demand. It is used in situations where the tenant's possession is unlawful, unauthorized, or has expired. 2. Key Elements of the Georgia Complaint for Forcible Entry and Detained: — Plaintiff Identification: The plaintiff must provide their full name, address, and contact information. — Defendant Identification: The defendant, the party refusing to surrender the premises, must be identified by their full name and current address. — Demand for Possession: The complaint should include specific details about the initial demand for the defendant to vacate the premises, including dates and mode of delivery. — Description of Property: A detailed description of the property, its address, and any relevant lease or rental agreements. — Grounds for Forcible Entry anDetaineder: The document should include the grounds on which the plaintiff is seeking the eviction. — Relief Sought: The desired outcome should be clearly stated, typically the removal of the defendant and recovery of possession of the property. 3. Types of Georgia Complaint for Forcible Entry and Detained: a) Residential Forcible Entry and Detained: This type of complaint is applicable in cases involving residential properties, such as apartments, houses, or condos. b) Commercial Forcible Entry and Detained: This complaint is used when the property in question is a commercial or business establishment, including offices, retail spaces, or warehouses. 4. Steps in the Georgia Forcible Entry and Detained Process: a) Filing the Complaint: The plaintiff needs to complete the necessary forms and file the complaint with the appropriate court. b) Service of Process: The complaint must be properly served to the defendant, ensuring they receive formal notice of the eviction proceedings. c) Summons and Answer: The defendant is given a specific period to respond to the complaint, typically within 7-30 days, depending on the court. d) Hearing and Judgment: If the defendant fails to respond or contests the complaint, a hearing is scheduled, where both parties present their case. The judge then issues a judgment, either in favor of the plaintiff or the defendant. e) Writ of Possession: If the plaintiff prevails, they must obtain a writ of possession, allowing them to regain possession of the property. f) Execution of Writ: With the writ of possession, law enforcement will then enforce the eviction, removing the defendant and returning control of the premises to the plaintiff. Conclusion: The Georgia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a crucial legal document used to initiate the eviction process and regain possession of premises when a defendant refuses to vacate even after a formal demand. Understanding the key elements of this complaint and the steps involved in the Forcible Entry and Detained process can help plaintiffs navigate the legal aspects effectively.
