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.
The Minnesota Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document that outlines the process for evicting a residential tenant who remains on the property after their lease or rental agreement has expired. This complaint is specific to Minnesota and follows the state's laws and regulations regarding eviction. Unlawful detained is a legal term used to describe a situation where a tenant refuses to vacate the premises even after the expiration of their tenancy. The complaint is the initial step in the eviction process and is filed by the landlord or property owner in the appropriate Minnesota court. Keywords: Minnesota, Complaint for Unlawful Detained, Residential, Tenant, Holding Over, Expiration of Term, Eviction, Lease, Rental Agreement, Premises, Landlord, Property Owner, Court. Different types of Minnesota Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Standard Complaint for Unlawful Detained: This is the most common type of complaint filed when a residential tenant holds over after the expiration of their lease or rental agreement. 2. Urgent Complaint for Unlawful Detained: This type of complaint is filed when there is an immediate need for eviction due to the tenant causing significant damage to the property or engaging in illegal activities. 3. Defenses to Complaint for Unlawful Detained: This type of complaint is filed by the tenant as a response to the landlord's original complaint, asserting legal defenses such as improper notice, breach of lease terms, or discriminatory actions by the landlord. 4. Counterclaim to Complaint for Unlawful Detained: In some cases, a tenant may file a counterclaim alongside their defense, alleging violations by the landlord, such as failure to maintain habitable conditions, harassment, or retaliation. It's important to consult with a legal professional or refer to Minnesota's specific eviction laws and statutes to ensure accuracy and compliance with the latest regulations.
