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 Michigan Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord in Michigan when a tenant wrongfully remains in possession of the rental property after the termination of their tenancy or when they fail to surrender the premises upon receiving a demand from the landlord. Keywords: Michigan, complaint, forcible entry and detained, defendant, refuses to surrender premises, demand. This complaint is typically used in cases where a tenant has refused to vacate the rental property even after the landlord has properly terminated the tenancy, such as through a notice to quit or an expiration of the lease term. It is an essential tool for landlords seeking to regain possession of their property and resolve disputes with non-compliant tenants. There are no different types of Michigan Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand. However, there may be different variations or formats of the complaint that landlords can use. Some landlords may draft their own complaint using relevant legal language, while others may use templates or seek assistance from an attorney to ensure compliance with Michigan laws and regulations. Typically, the complaint will include details about the landlord and tenant, such as their names and contact information, the property address, the date the tenancy was terminated, and a description of the alleged wrongful possession. It will also state the reason for filing the complaint and may include any supporting documentation, such as a copy of the notice to quit or proof of demand for surrender. Once the complaint is filed with the appropriate Michigan court, it initiates the legal process for resolving the dispute. The landlord must serve a copy of the complaint to the tenant, who then has a specific timeframe to respond or contest the allegations. If the tenant fails to respond, the court may issue a default judgment in favor of the landlord. If the tenant contests the complaint, a hearing will be scheduled to evaluate the evidence and hear both parties' arguments. In conclusion, a Michigan Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a crucial legal document used by landlords in Michigan when a tenant wrongfully remains in possession of a rental property. It allows landlords to initiate a legal process to regain possession and resolve disputes concerning a tenant's refusal to vacate the premises.
