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.
The Massachusetts Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document in Massachusetts that addresses situations where a tenant or occupant of a property unlawfully refuses to vacate the premises upon the landlord's legitimate demand. This complaint initiates legal proceedings to recover possession of the property. Keywords: Massachusetts, Complaint for Forcible Entry and Detained, Defendant, Refuses to Surrender Premises on Demand, legal document, unlawful eviction, tenant's refusal, landlord's demand, recover possession. Different types or variations of the Massachusetts Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand may include: 1. Residential Forcible Entry and Detained Complaint: This type of complaint is filed by landlords or property owners against residential tenants who unlawfully hold onto the premises after receiving a valid demand to vacate. 2. Commercial Forcible Entry and Detained Complaint: This complaint is utilized by landlords or property owners in commercial or business settings when a tenant or occupant refuses to surrender the premises despite the landlord's legal demand. 3. Summary Process Complaint for Forcible Entry and Detained: This is another term used to describe the same type of legal complaint filed in Massachusetts when a tenant or occupant fails to vacate the property after receiving a proper demand. 4. Non-payment Forcible Entry and Detained Complaint: In this case, the complaint may focus specifically on a tenant's refusal to leave the premises due to non-payment of rent. The landlord seeks to recover possession and potentially pursue rent arrears. 5. Illegal Sublet Forcible Entry and Detained Complaint: This variation of the complaint deals with situations where a tenant unlawfully sublets the premises without the landlord's consent, leading to a refusal to surrender upon demand. It is crucial to consult a qualified attorney or legal advisor to ensure the proper use and execution of any specific type of Massachusetts Complaint for Forcible Entry and Detained, as legal requirements may vary based on the circumstances and jurisdiction.