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Complaint for Unlawful Detainer - Residential Tenant Holding Over...

Montana Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

Category:

Landlord Tenant - Unlawful Entry and Detainer

State:

Multi-State

Control #:

US-03315BG

Format:

Instant download

Description

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.

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How to fill out Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?

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FAQ

345.75 ABANDONED TANGIBLE PERSONAL PROPERTY. If property has not been removed within six months after it comes into the possession of a person, it is abandoned and shall become the property of the person in possession, after notice to the prior owner.

Ing to Florida Statute § 83.595 that under the circumstances of rent payments not being current and also if there is an absence of written notice indicating that the tenant will be away, the landlord can presume abandonment if the tenant is not present on the premises for 15 consecutive days.

There is no law against evicting a tenant in the winter.

70-24-441. Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.

814 - ABANDONED PROPERTY. (1) Property left unattended for more than 48 hours may be impounded, except where otherwise posted.

Generally, you have all the rights of a month-to-month tenant. Your landlord must give you 30 days notice to terminate your rental agreement, unless the landlord alleges some violation that allows for shorter notice. For example, if you are behind on rent, the landlord could give you a 3 day notice to pay or vacate.

(b) A private landowner owning property considered to be part of ways of this state open to the public, as defined in 61-8-101, who can demonstrate meeting the 5-day waiting period in subsection (1) by calling one of the law enforcement agencies listed in subsection (1) at the start of the 5-day period may remove the ...

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