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Louisiana Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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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.

A Louisiana Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a plaintiff against a defendant who refuses to vacate a property despite a valid demand to do so. This legal action is taken when the defendant is unlawfully withholding possession of the premises, and the plaintiff seeks to regain rightful ownership or possession of the property. The complaint is a detailed account of the situation, outlining the facts, legal basis, and relief sought by the plaintiff. Keywords: Louisiana, Complaint for Forcible Entry and Detained, Defendant Refuses to Surrender Premises on Demand, legal document, filed, plaintiff, defendant, vacate, property, valid demand, unlawfully withholding possession, rightful ownership, possession, detailed account, facts, legal basis, relief sought. Types of Louisiana Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: 1. Residential Complaint for Forcible Entry and Detained: This type of complaint is applicable when the disputed property is a residential dwelling, such as a house, apartment, or condominium. 2. Commercial Complaint for Forcible Entry and Detained: This type of complaint is used in cases involving commercial properties, including office spaces, retail stores, or industrial premises. 3. Agricultural Complaint for Forcible Entry and Detained: This category applies when the disputed premises are primarily used for agricultural purposes, like farmland, orchards, or livestock facilities. 4. Vacant Land Complaint for Forcible Entry and Detained: This type of complaint pertains to situations where the defendant refuses to surrender possession of vacant land, such as undeveloped lots or land intended for future construction. 5. Mixed-Use Property Complaint for Forcible Entry and Detained: This complaint is used when the disputed property has multiple uses, combining residential, commercial, or other purposes under one ownership. These different types of Louisiana Complaint for Forcible Entry and Detained allow for specific categorization depending on the nature of the property in dispute, ensuring that all legalities are appropriately addressed within the context of the specific case.

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How to fill out Louisiana Complaint For Forcible Entry And Detainer - Defendant Refuses To Surrender Premises On Demand?

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FAQ

Section 92.109 - Liability of Landlord (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.

(a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from the premises leased to tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant ...

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Section 4024 of the CARES Act prohibits landlords from requiring tenants to vacate ?before the date that is 30 days after the date ? that the landlord provides the tenant with a notice to vacate.? This prohibition applies only when a tenant fails to pay rent or other fees or charges due under their tenancy agreement.

116-136) (CARES Act) into law. Section 4024 of the CARES Act imposes a temporary moratorium on evictions.

The CARES Act, Section 4023 covers multi-family rental real estate properties with 5 or more units, and are backed by a federal loan (HUD, Fannie Mae, or Freddie Mac). This section covers an apartment building with 6 units and an apartment complex with 150 units, but not a quadplex with 4 units.

The CARES Act states that a landlord may not Page 7 -7- ?require the tenant to vacate? the property until 30 days after giving the tenant a notice to vacate. In New Jersey, a landlord may not require a tenant to leave his or her home except through a court proceeding.

A ?Federally backed multifamily mortgage loan? has the same definition as ?Federally backed mortgage loan,? except that (i) this loan is secured by a property designed principally for the occupancy of five or more families, and (ii) this loan cannot be a temporary financing loan such as a construction loan.

More info

FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person: (1) is a tenant or a ... NRS 40.414 Forcible entry or forcible detainer: When owner or occupant may recover possession; notice required; response by unlawful or unauthorized occupant; ...Apr 10, 2019 — If the Defendant(s) refuse(s) to leave, you can file a lawsuit with the court to evict the Defendant(s). STEP 2 Complete the forms. Complete ... Specific Denials (Check this box and complete (1) and (2) below if complaint demands more than $1,000.) Defendant admits that all of the statements of the ... Feb 7, 2023 — We hold, therefore, that the written demand to surrender, which is a prerequisite to filing a forcible entry and detainer action against a month ... FORCIBLE ENTRY AND DETAINER SUITS (Where a person enters the property without legal authority or by force and refuses to surrender possession on demand):. MAINTENANCE & REPAIRS , CONT. • Louisiana law allows tenants to pay for “necessary” repairs and to deduct the repair cost from the rent due ... The following is a compendium of state and local laws that affect domestic violence survivors' housing rights. This compendium is designed to serve as a ... The jury returned a verdict of $6,500 for forcible entry and detainer and for conversion and $3,000 punitive damages. Plaintiff appeals from an order granting ... demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant. (3) "Forcible entry" ...

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Louisiana Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand