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.
A North Carolina Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document filed by a landlord against a tenant who remains in possession of a rental property after their lease or rental agreement has expired. This type of complaint is specifically designed to address situations where a tenant wrongfully holds over and refuses to vacate the premises. It is important to note that there may be different variations of this complaint depending on specific circumstances, such as commercial or residential properties. Key elements of a North Carolina Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term can include: 1. Case Caption: The complaint begins with the case caption, which includes the names of both the plaintiff (the landlord) and the defendant (the tenant), the court where the complaint is being filed, and the case number. 2. Description of Parties: The complaint will identify the landlord as the owner or agent of the rental property, as well as the tenant who is currently holding over after the expiration of their lease or rental agreement. 3. Lease or Rental Agreement Details: The complaint should outline the terms of the lease or rental agreement, including the original length of the term, the date of expiration, and any provisions related to notice and termination. 4. Notice to Vacate: The complaint will include details of any notice given to the tenant to vacate the premises, such as the date the notice was served and the duration of the notice period as required by law. 5. Holding Over: The complaint will state that the tenant has unlawfully held over after the expiration of the lease or rental agreement, without the consent of the landlord. 6. Breach of Contract: The complaint may assert that the tenant's continued occupation of the property constitutes a breach of contract, as they are no longer entitled to reside on the premises. 7. Request for Possession: The landlord will request the court to issue an order for possession of the rental property, requesting the tenant to vacate the premises. It is important to consult with legal professionals or research specific local laws as North Carolina may have different types or specific requirements for a Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term, such as variations for commercial properties or alternative proceedings for resolving landlord-tenant disputes.
