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.
The Indiana Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used in Indiana when a residential tenant refuses to vacate the premises after their lease term has expired. This complaint is filed by the landlord or property owner in the appropriate Indiana State Court to initiate eviction proceedings. Keywords: Indiana, Complaint for Unlawful Detained, Residential Tenant, Holding Over, Expiration of Term. Types of Indiana Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Standard Unlawful Detained Complaint: This type of complaint is filed when a residential tenant remains in the rented property even after the lease agreement has expired. The landlord seeks legal action to enforce their right to possess the property. 2. Notice Requirement Unlawful Detained Complaint: In certain cases, Indiana law requires landlords to provide tenants with written notice to vacate before filing an unlawful detained complaint. If a tenant refuses to comply with the written notice, the landlord can proceed with filing this type of complaint. 3. Material Lease Violation Unlawful Detained Complaint: This type of complaint is filed when a residential tenant stays in the property past the lease term, but also violates material terms of the lease agreement. It may include non-payment of rent, unauthorized pet ownership, excessive property damage, or engaging in illegal activities on the premises. 4. Holdover Tenant Unlawful Detained Complaint: If a tenant remains in the property after the lease term expires, and the landlord has not agreed to extend or renew the lease, this type of complaint can be used to seek eviction. Remember, it is essential to consult an attorney or legal professional for advice specific to your situation. This content is provided for informational purposes only and should not be considered legal advice.The Indiana Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used in Indiana when a residential tenant refuses to vacate the premises after their lease term has expired. This complaint is filed by the landlord or property owner in the appropriate Indiana State Court to initiate eviction proceedings. Keywords: Indiana, Complaint for Unlawful Detained, Residential Tenant, Holding Over, Expiration of Term. Types of Indiana Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Standard Unlawful Detained Complaint: This type of complaint is filed when a residential tenant remains in the rented property even after the lease agreement has expired. The landlord seeks legal action to enforce their right to possess the property. 2. Notice Requirement Unlawful Detained Complaint: In certain cases, Indiana law requires landlords to provide tenants with written notice to vacate before filing an unlawful detained complaint. If a tenant refuses to comply with the written notice, the landlord can proceed with filing this type of complaint. 3. Material Lease Violation Unlawful Detained Complaint: This type of complaint is filed when a residential tenant stays in the property past the lease term, but also violates material terms of the lease agreement. It may include non-payment of rent, unauthorized pet ownership, excessive property damage, or engaging in illegal activities on the premises. 4. Holdover Tenant Unlawful Detained Complaint: If a tenant remains in the property after the lease term expires, and the landlord has not agreed to extend or renew the lease, this type of complaint can be used to seek eviction. Remember, it is essential to consult an attorney or legal professional for advice specific to your situation. This content is provided for informational purposes only and should not be considered legal advice.
