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.
A Guam Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord in Guam when a tenant refuses to vacate the premises upon receiving a demand to surrender the property. This complaint is generally filed in cases where the landlord believes that the tenant is unlawfully withholding possession of the rental property. Keywords: Guam, Complaint for Forcible Entry and Detained, Defendant, Surrender Premises, Demand Types of Guam Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand may include: 1. Residential Forcible Entry and Detained Complaint: This type of complaint is filed by a landlord against a residential tenant who has failed to comply with a demand to surrender the premises. It is used in cases where the tenant continues to occupy the rental property without legal justification. 2. Commercial Forcible Entry and Detained Complaint: This complaint is similar to the residential version but is specific to commercial properties. It is filed by a commercial landlord against a tenant who refuses to vacate the premises despite receiving a demand to do so. 3. Holdover Tenant Forcible Entry and Detained Complaint: This type of complaint is filed when a tenant remains in the rental property beyond the expiration of their lease or rental agreement. It can be filed against both residential and commercial tenants who refuse to surrender the premises after the lease term has ended. Details to include in a Guam Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: 1. Plaintiff's information: Start the complaint by providing the name, address, and contact details of the landlord or property owner filing the complaint. 2. Defendant's information: Include the name, address, and contact details of the tenant who is being sued for forcible entry and detained. If there are multiple defendants, list their details separately. 3. Description of the property: Provide a thorough description of the rental property subject to the dispute, including its address, unit number (if applicable), and any unique characteristics. 4. Lease details: If there is a written lease agreement, include its execution date, effective date, and termination date. If the tenancy is on a month-to-month basis or oral, mention this as well. 5. Demand for surrender: State the date on which the landlord served a written demand for the tenant to surrender the premises. Attach a copy of the demand letter as evidence. 6. Tenant's refusal to vacate: Explain how the tenant has refused to comply with the demand, such as through written communication, verbal statements, or continued occupation of the property. 7. Legal justification: Briefly explain the legal basis for the complaint, highlighting any relevant laws or regulations that support the landlord's right to possession of the property. 8. Relief sought: Clearly state the relief or remedy sought by the landlord, which typically includes possession of the property, unpaid rent, damages, and legal fees. 9. Signature and verification: The complaint must be signed and verified by the landlord or their legal representative, affirming the truthfulness of the statements and the belief that the tenant's refusal to surrender the premises is without legal justification. Remember, it is crucial to consult with a qualified attorney or legal professional when preparing or filing any legal document to ensure accuracy and adherence to Guam's specific laws and regulations.
