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.
North Dakota Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a residential tenant who continues to occupy the rental property after the expiration of the lease term. This complaint initiates a lawsuit to regain possession of the property and seek any applicable damages. Keywords: 1. North Dakota: This complaint is specific to the state of North Dakota, indicating that it follows the laws and regulations governing landlord-tenant disputes in this jurisdiction. 2. Complaint: A formal legal document filed by the landlord against the tenant, outlining the allegations and requesting relief from the court. 3. Unlawful Detained: Refers to the act of staying on a property without legal right or authority, in this case, after the lease term has expired. 4. Residential Tenant: The complaint is targeted specifically at tenants who reside in residential properties, such as apartments, houses, or condominiums. 5. Holding Over: Describes the tenant's action of staying in the rental premises beyond the agreed-upon lease term without renewing or renegotiating it. 6. Expiration of Term: Marks the end of the lease agreement's designated duration, after which the tenant is expected to vacate the property. 7. Lawsuit: The complaint initiates legal proceedings and includes a request for a court trial to resolve the issue. 8. Possession: Refers to the act of regaining control and physical custody of the property. 9. Damages: This complaint may seek compensation for any losses or expenses incurred by the landlord as a result of the tenant's unlawful detained. Different types of North Dakota Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term variations may include: 1. Simple Unlawful Detained Complaint: A standard complaint filed when a tenant has merely failed to vacate the premises after the lease term has ended. 2. Unlawful Detained with Damage Claim: In addition to seeking possession of the property, this complaint includes a request for compensation for specific damages caused by the tenant during their holdover period. 3. Unlawful Detained due to Nonpayment of Rent: A complaint filed when the tenant not only holds over after the lease term but also fails to make rent payments. 4. Unlawful Detained due to Lease Violation: This complaint alleges that the tenant is holding over after the end of the term while also violating other provisions of the lease agreement, such as unauthorized subletting or excessive property damage. Please note that specific details and available variations of the North Dakota Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may vary, and it is essential to consult relevant legal resources or an attorney to obtain accurate and up-to-date information.
