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.
Maine Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to start a legal action against a residential tenant who remains in possession of the rental premises after the expiration of their lease term or without permission. The complaint is filed by the property owner/landlord in order to regain possession of the property and seek damages for the tenant's unlawful detained. Keywords: Maine, complaint, unlawful detained, residential tenant, holding over, expiration, term, legal action, rental premises, property owner, landlord, possession, damages. Types of Maine Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term include: 1. Residential Tenant Holding Over after Expiration of Term: This type of complaint is filed when the tenant continues to occupy the property beyond the expiration date specified in the lease agreement, without signing a new lease or obtaining permission from the landlord. 2. Residential Tenant Holding Over without Permission: This type of complaint is filed when the tenant remains in possession of the property without the landlord's consent or after being explicitly asked to vacate the premises. This could occur when a tenant stays beyond their lease term without making any efforts to renew or extend the tenancy. 3. Residential Tenant Holding Over after Termination Notice: This type of complaint is filed when the landlord has sent a termination notice to the tenant, typically for violating lease terms or failing to pay rent, but the tenant refuses to vacate the premises or rectify the violations within the specified time frame. 4. Residential Tenant Holding Over after Eviction Order: This type of complaint is filed when the tenant remains on the property despite a court-ordered eviction. This could happen when a tenant refuses to leave even after facing legal proceedings and being notified of an eviction judgment. In all these cases, the complaint would outline the relevant dates, lease terms, efforts made by the landlord to negotiate and resolve the issue, any costs incurred, and damages sought by the landlord for the tenant's unlawful detained. It is crucial for the landlord to ensure that all required legal procedures have been followed before filing a complaint to avoid potential complications or delays in the eviction process.Maine Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to start a legal action against a residential tenant who remains in possession of the rental premises after the expiration of their lease term or without permission. The complaint is filed by the property owner/landlord in order to regain possession of the property and seek damages for the tenant's unlawful detained. Keywords: Maine, complaint, unlawful detained, residential tenant, holding over, expiration, term, legal action, rental premises, property owner, landlord, possession, damages. Types of Maine Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term include: 1. Residential Tenant Holding Over after Expiration of Term: This type of complaint is filed when the tenant continues to occupy the property beyond the expiration date specified in the lease agreement, without signing a new lease or obtaining permission from the landlord. 2. Residential Tenant Holding Over without Permission: This type of complaint is filed when the tenant remains in possession of the property without the landlord's consent or after being explicitly asked to vacate the premises. This could occur when a tenant stays beyond their lease term without making any efforts to renew or extend the tenancy. 3. Residential Tenant Holding Over after Termination Notice: This type of complaint is filed when the landlord has sent a termination notice to the tenant, typically for violating lease terms or failing to pay rent, but the tenant refuses to vacate the premises or rectify the violations within the specified time frame. 4. Residential Tenant Holding Over after Eviction Order: This type of complaint is filed when the tenant remains on the property despite a court-ordered eviction. This could happen when a tenant refuses to leave even after facing legal proceedings and being notified of an eviction judgment. In all these cases, the complaint would outline the relevant dates, lease terms, efforts made by the landlord to negotiate and resolve the issue, any costs incurred, and damages sought by the landlord for the tenant's unlawful detained. It is crucial for the landlord to ensure that all required legal procedures have been followed before filing a complaint to avoid potential complications or delays in the eviction process.
