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.
A Nebraska Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a tenant who remains in possession of the rental property after their lease term has expired. This complaint is designed to initiate legal proceedings for eviction and regain possession of the property. Keywords: Nebraska, complaint, unlawful detained, residential tenant, holding over, expiration of term, lease, rental property, eviction, possession. Different types of Nebraska Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Standard Form: This is the most commonly used type of complaint, where the landlord files a lawsuit against the tenant for holding over after the expiration of the lease term. 2. Notice Requirement: This type of complaint focuses on cases where the landlord has served a written notice to the tenant regarding the expiration of the lease term and the requirement to vacate. It highlights the tenant's non-compliance with the notice and seeks eviction. 3. Non-Payment of Rent: In situations where the tenant remains in the property despite the lease term ending and also fails to pay rent, this type of complaint combines both issues — unlawfudetaineder and non-payment of rent. 4. Breach of Lease: If the tenant breaches any terms or conditions within the lease agreement and continues to occupy the property even after the lease term ends, the landlord can file a complaint specifying the breach and seeking eviction. 5. Holdover Period: This type of complaint is applicable when the lease agreement specifies a holdover period after the lease term expires. The landlord files the complaint if the tenant fails to vacate within the holdover period. It is important to note that the specific types mentioned above may vary depending on the legal requirements and forms provided by the Nebraska courts.
