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 Georgia Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a residential tenant who continues to occupy the rental property after the expiration of their lease. This complaint is used to initiate eviction proceedings against the tenant and regain possession of the property. This type of complaint typically arises when a residential tenant fails to vacate the premises after the lease term has ended or when the landlord has terminated the tenancy. The complaint outlines the specific terms of the expired lease, the date on which it expired, and the tenant's failure to vacate the property. Keywords: Georgia, complaint, unlawful detained, residential, tenant holding over, expiration of term, lease, eviction proceedings, landlord, possession, rental property, lease term, terminated tenancy, specific terms, date, failure to vacate. Different types of Georgia Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Standard Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: This type of complaint is used when a residential tenant continues to occupy the rental property beyond the lease expiration date. 2. Complaint with Notice to Quit: In this type of complaint, the landlord must have first served the tenant with a Notice to Quit, providing a specific period for the tenant to vacate the premises. The complaint is then filed if the tenant fails to comply with the Notice to Quit. 3. Complaint for Double Rent: In some cases, Georgia law allows landlords to seek double or additional rent as damages from a tenant who holds over unlawfully. This type of complaint is filed to seek monetary compensation in addition to regaining possession of the property. 4. Complaint for Injunctive Relief: In certain situations, when the landlord believes that the tenant holding over poses a significant risk or threat to the property or its occupants, they can file a complaint for injunctive relief. This type of complaint aims to secure immediate possession of the property, often seeking a court order for the tenant's removal. Note: It is important to consult a legal professional for accurate information and guidance when dealing with legal matters like eviction and filing complaints, as specific requirements and procedures may vary.A Georgia Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a residential tenant who continues to occupy the rental property after the expiration of their lease. This complaint is used to initiate eviction proceedings against the tenant and regain possession of the property. This type of complaint typically arises when a residential tenant fails to vacate the premises after the lease term has ended or when the landlord has terminated the tenancy. The complaint outlines the specific terms of the expired lease, the date on which it expired, and the tenant's failure to vacate the property. Keywords: Georgia, complaint, unlawful detained, residential, tenant holding over, expiration of term, lease, eviction proceedings, landlord, possession, rental property, lease term, terminated tenancy, specific terms, date, failure to vacate. Different types of Georgia Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Standard Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: This type of complaint is used when a residential tenant continues to occupy the rental property beyond the lease expiration date. 2. Complaint with Notice to Quit: In this type of complaint, the landlord must have first served the tenant with a Notice to Quit, providing a specific period for the tenant to vacate the premises. The complaint is then filed if the tenant fails to comply with the Notice to Quit. 3. Complaint for Double Rent: In some cases, Georgia law allows landlords to seek double or additional rent as damages from a tenant who holds over unlawfully. This type of complaint is filed to seek monetary compensation in addition to regaining possession of the property. 4. Complaint for Injunctive Relief: In certain situations, when the landlord believes that the tenant holding over poses a significant risk or threat to the property or its occupants, they can file a complaint for injunctive relief. This type of complaint aims to secure immediate possession of the property, often seeking a court order for the tenant's removal. Note: It is important to consult a legal professional for accurate information and guidance when dealing with legal matters like eviction and filing complaints, as specific requirements and procedures may vary.
