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.
Description: A North Carolina Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used in the state of North Carolina to initiate a legal process against a tenant who refuses to vacate a residential property after their lease or rental term has ended. This complaint is filed by the landlord or property owner seeking possession of the property. Keywords: — North Carolina: Refers to the specific state where the legal complaint is being filed. — Complaint for UnlawfuDetaineder: Describes the type of legal action being taken against the tenant who is unlawfully detaining the property. — Residential Tenant: Specifies that the complaint is against a tenant who resides in a residential property. — Holding Over after Expiration of Term: Indicates that the tenant is staying in the property beyond the agreed-upon lease or rental term. Types of North Carolina Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Standard North Carolina Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: This is the most common type of complaint filed by landlords when a tenant continues to hold possession of the property despite the lease or rental term coming to an end. 2. Emergency North Carolina Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: This type of complaint is typically used in urgent situations where the landlord requires immediate possession of the property due to extenuating circumstances, such as safety concerns or imminent property damage. 3. Commercial North Carolina Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: Although the complaint is primarily used for residential properties, there may be instances where the tenant is using the property for both residential and commercial purposes. In such cases, a specific complaint can be filed to address any unlawful holding over after the expiration of the term for commercial use.
