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.
Keywords: New Hampshire, Complaint for Unlawful Detained — Residential Tenant, Holding Over after Expiration of Term. Introduction: The New Hampshire Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used by landlords or property owners to initiate the eviction process against a residential tenant who refuses to vacate the premises after the expiration of their lease term. This complaint provides a legal recourse for landlords to regain possession of their property and recover damages caused by the tenant's unlawful holding over. Types of New Hampshire Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Standard Complaint for Unlawful Detained: This type of complaint is filed when a tenant remains on the property even after the lease term has expired. It outlines the details of the lease agreement, including the expiration date, and the tenant's refusal to vacate the premises despite proper notice. 2. Complaint for Unlawful Detained due to Non-Payment: If a tenant continues to occupy the property after the lease term's expiration but fails to fulfill their payment obligations, this type of complaint can be filed. It includes details about the overdue rental payments and the tenant's refusal to leave despite receiving appropriate notice. 3. Complaint for Unlawful Detained due to Holdover Tenant: This complaint is used when a tenant remains on the premises without any valid lease or rental agreement after the original lease term has ended. It addresses the tenant's unauthorized occupancy and the landlord's demand for possession. Components of the Complaint: 1. Property Description: This section includes details about the rented property, such as the address, unit number, and any additional identifying information to establish its location and ownership. 2. Parties Involved: Identifies the plaintiff (landlord or property owner) and the defendant (residential tenant) with their respective legal names and complete addresses. 3. Lease Agreement: Provides essential information regarding the lease term, including the start and end dates, and highlights any pertinent clauses related to notice requirements or penalties for holding over. 4. Notice to Quit: Includes the date the tenant was served with a written Notice to Quit, which legally informs the tenant of their requirement to vacate the property within a specified timeframe. 5. Breach of Lease: Outlines the tenant's breach of the lease agreement by failing to vacate the property within the provided notice period and their continuing occupation of the premises. 6. Requested Relief: Specifies the remedies sought by the plaintiff, which may include possession of the property, outstanding rent or damages owed, and attorney fees. Conclusion: The New Hampshire Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal tool designed to protect landlords' rights when dealing with tenants who unlawfully remain on the property after the expiration of their lease agreements. By filing this complaint, landlords can pursue the recovery of the property and seek remedies for any financial losses incurred during the unlawful holding over period.
