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 Idaho Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand Introduction: The Idaho Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord against a tenant who refuses to vacate the premises despite the landlord's demand. This article will provide an in-depth description of the complaint, including its purpose, key elements, and potential variations. Keywords: Idaho, Complaint for Forcible Entry and Detained, Defendant, Refuses to Surrender Premises on Demand, landlord, tenant, legal document 1. Overview of Forcible Entry and Detained: The forcible entry and detained process is a legal remedy available to landlords when tenants unlawfully occupy a property. It enables landlords to regain possession of their premises through a court order, following a formal complaint. 2. Purpose of Idaho Complaint for Forcible Entry and Detained: The Idaho Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand serves as the initial step in initiating a legal proceeding against a tenant who unlawfully remains on the rental property despite the landlord's request to vacate. It notifies the court and the tenant about the landlord's intent to regain possession. 3. Key Elements of the Complaint: a. Plaintiff's Information: The landlord's name, address, and contact details are included at the beginning of the complaint. b. Defendant's Information: The tenant's name, address, and any known contact details are provided. c. Demand to Vacate: The complaint must include a clear statement of demand, indicating that the landlord previously demanded the tenant to surrender the premises. d. Description of Property: A detailed description of the rental property, including the address, is necessary. e. Possession Date and Refusal: The complaint must specify the date the tenant should have surrendered the property and detail the tenant's refusal to vacate. f. Certificate of Service: A section is included to document how the complaint was served to the tenant, ensuring legal compliance. 4. Other Types of Idaho Complaints for Forcible Entry and Detained: Apart from the general Complaint for Forcible Entry and Detained, there may be additional variations based on specific circumstances, such as: a. Non-payment of Rent: If a tenant fails to pay rent, a separate complaint may be filed specifically addressing that issue. b. Holding Over: This type of complaint is filed when a tenant continues to occupy the property after the lease term has expired. c. Illegal Activities: If the tenant engages in illegal activities on the premises, such as drug-related offenses, a complaint focused on eviction for illegal activities may be filed. Conclusion: Understanding the Idaho Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is crucial for both landlords and tenants. This legal document helps the landlord initiate the legal process necessary to regain possession of the property while providing the tenant with notice and an opportunity to respond.
