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.
An Indiana Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord when a tenant unlawfully remains on the premises after receiving a demand to vacate. This complaint initiates the legal process for eviction in Indiana. In this complaint, the landlord alleges that the defendant, who is the tenant, is unlawfully withholding possession of the property even after a demand has been made for the tenant to surrender the premises. The complaint outlines the specific details of the tenant's refusal to vacate and serves as a legal basis for seeking the court's intervention to regain possession of the property. Keywords: Indiana, complaint, forcible entry and detained, defendant, surrender premises on demand, eviction, landlord, tenant, unlawful withholding, possession, demand, vacate, court's intervention, regain possession. Different types of Indiana Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand may include: 1. Residential Eviction: This type of complaint is filed when the tenant of a residential property fails to surrender possession of the premises after being legally notified to vacate. It can involve situations like non-payment of rent, breach of lease terms, or expiration of a lease agreement. 2. Commercial Eviction: This complaint is filed when a commercial tenant refuses to surrender the rented property despite receiving a proper demand from the landlord. It could be due to reasons such as non-payment of rent, violation of lease provisions, or the end of the lease term. 3. Holdover Tenant Eviction: This type of complaint is applicable when a tenant continues to occupy the premises after the lease term has expired. The landlord demands the tenant to vacate, but the tenant refuses to surrender the property, leading to the filing of this complaint. 4. Unlawful Detained Eviction: In this case, the landlord alleges that the tenant is unlawfully detaining or withholding possession of the premises without any legal right. The landlord seeks eviction by filing a complaint for forcible entry and detained, accusing the defendant of refusing to surrender the property on demand. These various types of Indiana Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand reflect the different scenarios where a landlord may initiate legal action to regain possession of the property when a tenant refuses to vacate.
