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Massachusetts 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.

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.

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FAQ

The Covenant of Quiet Enjoyment in Massachusetts Covenants of quiet enjoyment are found in both tenancy and real estate law. In both contexts, quiet enjoyment is the right to use and enjoy real property (by either a tenant or landowner) without interference from others.

Unlawful Detainer (UD or eviction) cases are by statute initially restricted from public access for 60 days, and do not appear on the Case Number Search. If you are a participant in a restricted UD case and want to view the ROA, enter the information below to search for your case.

A Motion to Quash Service is filed when you say the landlord didn't serve the Summons and Complaint properly. If you win, the landlord has to re-serve the Summons and Complaint. If the landlord wins, you'll have to file an Answer to the Complaint right away.

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.

A Demurrer is filed by the tenant to say the Complaint doesn't include all the facts or legal requirements to prove they should be evicted. A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice.

After the Writ of Execution has been served to the tenants, they will be given a grace period of 5 days to vacate the property. The sheriff will execute the eviction and forcibly remove them if they remain in the property after the grace period given to them.

If you do not give your landlord permission to enter: the landlord can enter if there are terms of your lease or written tenancy agreement which are legal and give the landlord permission to enter, or. your landlord has a court order.

This requires a standard eviction action, including a 14-day notice. For the holdover tenant, the process is similar to an eviction action except the landlord is not required to give a notice to quit. This is true even if the landlord had been accepting rent after the expiration of the lease.

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You must file the following with the court on or before the entry date stated in the summons and complaint: The Notice to Quit; Summons and Complaint; Return ... Sep 11, 2023 — Provides an overview of the eviction process and a short video that explains legal requirements for service of a complaint. Housing appeals ...Nov 2, 2001 — Forcible Detainer. (a) A person who refuses to surrender possession of real property on demand comunits a forcible detainer if the person: (l) ... 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 ... 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 ... FORCIBLE ENTRY AND DETAINER SUITS (Where a person enters the property without legal authority or by force and refuses to surrender possession on demand):. 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 ... W. S. Howard." The defendant refusing to yield the possession, this process was commenced against him on the 22d of March, 1849. The defendant offered to prove ... US Legal Forms is the best platform for finding updated Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand templates. (a) A landlord may not demand or receive money as security, in an amount in excess of 1 month's periodic rent except for pets, changes to the premises or ...

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