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.
An Oklahoma Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document that is filed by a plaintiff (usually a landlord) in order to regain possession of a property when the tenant refuses to vacate the premises or surrender it upon demand. This type of complaint is specifically used when the tenant's refusal to leave is the primary issue at hand. The complaint includes detailed information about the rental agreement, such as the names of the parties involved, the address of the property, and the terms of the lease. It clearly states the plaintiff's demand for possession of the property and the reasons or breaches of the lease that have led to the eviction process. The complaint may also include evidence or supporting documents, such as notices to quit or termination letters that were previously sent to the tenant. In Oklahoma, there may be different types of complaints for forcible entry and detained related to a defendant's refusal to surrender premises on demand. These specific types can include: 1. "Failure to Vacate" Complaint: This type of complaint is filed when a tenant fails to leave the property after receiving a written notice to vacate from the landlord or property owner. 2. "Holdover" Complaint: This complaint is used when a tenant remains in possession of the property after the expiration of the lease term or after the lease has been terminated by the landlord. 3. "Non-Payment of Rent" Complaint: While this type of complaint primarily focuses on the tenant's failure to pay rent, it may also include allegations of the tenant's refusal to surrender the premises even after receiving a demand to do so. Overall, an Oklahoma Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand serves as a legal means to initiate eviction proceedings when a tenant refuses to vacate the property despite being required to do so. The specific type of complaint filed depends on the circumstances of the tenant's refusal and the grounds for eviction.
