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.
Illinois Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand In the state of Illinois, a Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is filed when a landlord or property owner seeks to regain possession of a property from a tenant who refuses to vacate even after being served a notice to quit. This legal document initiates the eviction process and allows the landlord to reclaim their premises. The Complaint for Forcible Entry and Detained is a recourse available under the Illinois law to address situations where a tenant unlawfully withholds possession of a property. Keywords associated with this complaint include "forcible entry and detained," "eviction proceedings," "tenant refusal to surrender premises," and "notice to quit." There may be variations or specific types of Complaints for Forcible Entry and Detained in Illinois depending on the circumstances or reasons for eviction. Some potential variations could include: 1. Non-payment of Rent: In cases where a tenant fails to pay rent, the landlord may initiate eviction proceedings to regain possession of the property. 2. Lease Violations: If a tenant violates terms of the lease agreement, such as damaging the property or engaging in illegal activities, the landlord can file a Complaint for Forcible Entry and Detained. 3. Holdover Tenancy: When a tenant continues to occupy the property after the lease has expired or termination notice has been given, a landlord can file a complaint to remove the tenant. 4. Foreclosure: If a property undergoes foreclosure, the new owner or bank may file a Complaint for Forcible Entry and Detained against the occupant to regain possession. In each of these situations, the landlord initiates legal action by filing a formal Complaint for Forcible Entry and Detained with the appropriate court. The complaint includes details about the property, the tenant, the reason for eviction, supporting evidence, and the demand to surrender the premises. It is important for landlords to follow the correct legal procedures when filing a Complaint for Forcible Entry and Detained in Illinois. By doing so, they can protect their rights as property owners and seek legal remedies to regain possession of their premises from tenants who refuse to vacate on demand.
