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 New Jersey Complaint for Unlawful Detained is a legal document filed by a landlord to initiate eviction proceedings against a residential tenant who is holding over the property after the expiration of their lease term. This complaint is specifically designed for cases where a tenant refuses to vacate the premises despite the lease agreement's termination. Keywords: New Jersey, Complaint for Unlawful Detained, residential tenant, holding over, expiration of term, eviction proceedings, lease agreement, vacate premises. Types of New Jersey 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 residential tenant continues to occupy the property without legal justification after the expiration of their lease term. The landlord seeks possession of the premises and possible monetary damages for the unlawful occupancy. 2. Complaint for Unlawful Detained with Notice to Cease: In some cases, before filing a standard complaint, landlords may issue a notice to cease to inform the tenant of their breach of the lease agreement, giving them a chance to remedy the situation. If the tenant fails to comply with the notice, the landlord can proceed with the Complaint for Unlawful Detained. 3. Complaint for Unlawful Detained with Notice to Quit: This type of complaint is filed when a tenant holds over beyond the lease term without any remaining legal rights to occupy the property. In this case, the landlord may serve a Notice to Quit, providing the tenant with a specific period to vacate the premises voluntarily. If the tenant fails to do so, the landlord can proceed with the Complaint for Unlawful Detained. 4. Complaint for Unlawful Detained with Rent Demand: When a tenant holds over after the expiration of their lease term and is also in arrears with rental payments, the landlord can file a Complaint for Unlawful Detained with a Rent Demand. This document not only seeks possession but also requests the outstanding rent owed by the tenant. These various types of Complaints for Unlawful Detained in New Jersey allow landlords to take legal action against tenants who unlawfully hold over after the expiration of their lease term. It is crucial for landlords to consult with an attorney or legal professional to ensure they properly prepare and file the appropriate complaint based on the specific circumstances.
