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.
Idaho Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord in the state of Idaho to evict a residential tenant who continues to occupy the premises after the lease agreement or rental term has expired. This complaint is specific to cases where a residential tenant holds over, meaning they remain in possession of the rental property without the landlord's permission after the agreed-upon lease term has ended. It is an action taken by the landlord to regain possession of their property and remove the tenant who is unlawfully occupying it. Keywords related to this topic: Idaho, complaint, unlawful detained, residential tenant, holding over, expiration of term, lease agreement, rental property, eviction, possession, landlord, tenant, premises, legal document, regaining possession. Different types of Idaho Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term can include: 1. Standard Unlawful Detained Complaint: Filed when a residential tenant remains in possession of the rental property after the lease term or rental agreement has expired, without the landlord's consent. 2. Notice to Quit: A formal notice served to the tenant informing them of the expiration of the lease term and the landlord's intent to regain possession of the property. This notice provides a specific timeframe within which the tenant must vacate the premises. 3. Summary Possession Complaint: Filed in cases where a tenant fails to vacate the property after receiving a Notice to Quit. This type of complaint is used to expedite the eviction process, allowing the landlord to regain possession of the property quickly. 4. Complaint for Damages: In some cases, the landlord may also include a claim for damages caused by the tenant's unlawful holdover. This can include unpaid rent, property damage, and other related expenses incurred due to the tenant's refusal to vacate. It is important to note that legal procedures and requirements may vary, and it is always advisable to consult with an attorney or legal professional familiar with Idaho landlord-tenant laws when dealing with an unlawful detained situation.Idaho Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord in the state of Idaho to evict a residential tenant who continues to occupy the premises after the lease agreement or rental term has expired. This complaint is specific to cases where a residential tenant holds over, meaning they remain in possession of the rental property without the landlord's permission after the agreed-upon lease term has ended. It is an action taken by the landlord to regain possession of their property and remove the tenant who is unlawfully occupying it. Keywords related to this topic: Idaho, complaint, unlawful detained, residential tenant, holding over, expiration of term, lease agreement, rental property, eviction, possession, landlord, tenant, premises, legal document, regaining possession. Different types of Idaho Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term can include: 1. Standard Unlawful Detained Complaint: Filed when a residential tenant remains in possession of the rental property after the lease term or rental agreement has expired, without the landlord's consent. 2. Notice to Quit: A formal notice served to the tenant informing them of the expiration of the lease term and the landlord's intent to regain possession of the property. This notice provides a specific timeframe within which the tenant must vacate the premises. 3. Summary Possession Complaint: Filed in cases where a tenant fails to vacate the property after receiving a Notice to Quit. This type of complaint is used to expedite the eviction process, allowing the landlord to regain possession of the property quickly. 4. Complaint for Damages: In some cases, the landlord may also include a claim for damages caused by the tenant's unlawful holdover. This can include unpaid rent, property damage, and other related expenses incurred due to the tenant's refusal to vacate. It is important to note that legal procedures and requirements may vary, and it is always advisable to consult with an attorney or legal professional familiar with Idaho landlord-tenant laws when dealing with an unlawful detained situation.
