Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.
Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.
Title: Understanding the New York Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand Introduction: The New York Complaint for Forcible Entry and Detained (FED) is a legal document that aims to provide relief to property owners or landlords who face difficulties in reclaiming their premises when a tenant refuses to vacate upon demand. This detailed description will explore the purpose, process, and potential types of FED complaints specifically related to defendants who refuse to surrender premises on demand, emphasizing the keywords: New York Complaint for Forcible Entry and Detained, defendant, refuse, surrender, premises, demand, legal process, eviction. Keyword Description: 1. New York Complaint for Forcible Entry and Detained: The term reflects a specific legal document filed in New York when a landlord or property owner seeks to evict a tenant who refuses to vacate the premises despite a demand to do so. 2. Defendant: In this context, the defendant refers to the tenant or occupant of the property who is being accused of unlawfully withholding possession of the premises despite the demand made by the landlord. 3. Refuses to Surrender Premises on Demand: This phrase points to the situation where the tenant, despite receiving a demand to vacate the property, fails to comply and refuses to surrender possession voluntarily. 4. Process: The process involves the landlord or property owner filing a Complaint for Forcible Entry and Detained with the appropriate court to initiate legal proceedings against the tenant refusing to surrender the premises. This process includes filing the complaint, serving notice to the defendant, attending court hearings, presenting evidence, and seeking a court order to regain possession. Types: Here are a few potential variations or related types of New York Complaint for Forcible Entry and Detained complaints: 1. New York Complaint for Forcible Entry and Detained — Nonpayment of Rent: This type of FED complaint arises when the tenant refuses to pay rent, prompting the landlord to seek eviction and reclaim the premises. 2. New York Complaint for Forcible Entry and Detained — Holdover Tenant: This type of FED complaint pertains to situations where the tenant remains on the premises even after the lease or rental agreement has ended, and the landlord demands their eviction. 3. New York Complaint for Forcible Entry and Detained — Illegal Sublet: This type of FED complaint arises when the tenant unlawfully sublets the premises without the landlord's knowledge or consent, resulting in eviction proceedings. Conclusion: A New York Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal recourse available to landlords or property owners when a tenant refuses to vacate after receiving a demand to surrender the property. This process enables the landlord to seek an eviction order and regain possession through the court system. Different variations of FED complaints include cases related to nonpayment of rent, holdover tenants, and illegal subletting.
