A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.
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.
Minnesota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document filed by a landlord in Minnesota to regain possession of a rental property when a tenant refuses to vacate after their lease expires. This type of complaint is specifically used when a tenant continues to occupy the premises without the landlord's permission, known as "holding over," after the agreed-upon lease term has ended. The Minnesota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is designed to outline the landlord's rights and provide a legal basis for the eviction process. This document is governed by Minnesota state law and must meet specific criteria to be considered valid and enforceable. The key components of a Minnesota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term may include: 1. Plaintiff and Defendant Information: The complaint includes the names and contact details of both the landlord (plaintiff) and the tenant (defendant). This section also includes the address of the rental property in question. 2. Lease Information: The complaint provides details about the original lease agreement, including the start and end dates of the lease term, any renewal or extension provisions, and the provisions related to holding over beyond the lease term. 3. Holding Over Allegations: The complaint must state that the tenant is "holding over" by continuing to occupy the premises without the landlord's permission after the expiration of the lease term. It is crucial to provide specific dates and evidence to support this claim. 4. Notice to Quit: The complaint may include information about the landlord's previous attempts to serve the tenant with a notice to quit, notifying them of their obligation to vacate and the consequences of non-compliance. These notices provide a legal basis for the eviction. 5. Breach of Lease Terms: If the tenant has violated any provisions of the lease agreement, such as non-payment of rent or damages to the property, these violations can be included in the complaint as additional grounds for eviction. Different types of Minnesota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term may include variations based on specific circumstances. For example: 1. Residential Unlawful Detained: This type of complaint is filed when a residential tenant fails to vacate after the lease term expires and the landlord wishes to regain possession of the rental property. 2. Commercial Unlawful Detained: This type of complaint is used in cases where a commercial tenant refuses to vacate the premises after the lease term has ended, and the landlord seeks to regain possession for new tenants or other purposes. In conclusion, a Minnesota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document that enables a landlord to initiate the eviction process against a tenant who remains in the rental property without permission after the lease term expires. This complaint is specific to Minnesota and must adhere to state laws and requirements for it to be valid.
