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 Oregon Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord seeking to regain possession of a property when a tenant refuses to vacate the premises upon receiving a demand to surrender. This type of complaint serves as a means to initiate legal proceedings against the tenant who is unlawfully occupying the property. Key Points: 1. Purpose: The primary purpose of the Oregon Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is to initiate legal action against a tenant who is unlawfully withholding possession of the rented property, in violation of the landlord's demand to vacate. 2. Landlord's Demand: Before filing this complaint, the landlord is required to issue a written demand to the tenant for surrendering possession of the premises. The demand notifies the tenant that they are in violation of the lease agreement and must vacate within a specified timeframe. 3. Grounds for Complaint: The grounds for filing this complaint include situations where the tenant has intentionally and willfully refused to surrender the premises despite multiple requests from the landlord. These may include non-payment of rent, lease violations, expiration or termination of the lease, or any other breach of the agreement leading to the eviction. 4. Eviction Process: Once the complaint is filed, the eviction process begins. The court schedules a hearing to evaluate the claims made by the landlord in the complaint. The tenant will be served with a copy of the complaint and a notice of the hearing date. 5. Possible Outcomes: After reviewing the evidence presented by both parties, the court may rule in favor of the landlord, leading to a judgment of possession, or it may dismiss the complaint if the landlord's claims are found to be without merit. If the landlord prevails, the court may order the tenant's eviction and the restitution of the premises to the landlord. Different Types: 1. Forcible Entry: This type of complaint is filed when a tenant has gained unlawful access to the property without the landlord's consent, typically by forcefully entering or breaking into the premises. 2. Forcible Detained: This complaint is filed when a tenant who is lawfully occupying the property refuses to vacate after receiving a proper demand to surrender the premises. 3. Demand for Possession: Another variation of this complaint occurs when a landlord demands possession of the property from a tenant for reasons specified in the lease agreement, such as expiration of the lease term or violation of terms. In conclusion, an Oregon Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used by landlords in Oregon to initiate eviction proceedings against tenants who refuse to leave the premises upon receiving a demand to surrender. By filing this complaint, landlords seek to regain legal possession, resolve lease violations, or address other breach of agreement situations leading to eviction.An Oregon Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord seeking to regain possession of a property when a tenant refuses to vacate the premises upon receiving a demand to surrender. This type of complaint serves as a means to initiate legal proceedings against the tenant who is unlawfully occupying the property. Key Points: 1. Purpose: The primary purpose of the Oregon Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is to initiate legal action against a tenant who is unlawfully withholding possession of the rented property, in violation of the landlord's demand to vacate. 2. Landlord's Demand: Before filing this complaint, the landlord is required to issue a written demand to the tenant for surrendering possession of the premises. The demand notifies the tenant that they are in violation of the lease agreement and must vacate within a specified timeframe. 3. Grounds for Complaint: The grounds for filing this complaint include situations where the tenant has intentionally and willfully refused to surrender the premises despite multiple requests from the landlord. These may include non-payment of rent, lease violations, expiration or termination of the lease, or any other breach of the agreement leading to the eviction. 4. Eviction Process: Once the complaint is filed, the eviction process begins. The court schedules a hearing to evaluate the claims made by the landlord in the complaint. The tenant will be served with a copy of the complaint and a notice of the hearing date. 5. Possible Outcomes: After reviewing the evidence presented by both parties, the court may rule in favor of the landlord, leading to a judgment of possession, or it may dismiss the complaint if the landlord's claims are found to be without merit. If the landlord prevails, the court may order the tenant's eviction and the restitution of the premises to the landlord. Different Types: 1. Forcible Entry: This type of complaint is filed when a tenant has gained unlawful access to the property without the landlord's consent, typically by forcefully entering or breaking into the premises. 2. Forcible Detained: This complaint is filed when a tenant who is lawfully occupying the property refuses to vacate after receiving a proper demand to surrender the premises. 3. Demand for Possession: Another variation of this complaint occurs when a landlord demands possession of the property from a tenant for reasons specified in the lease agreement, such as expiration of the lease term or violation of terms. In conclusion, an Oregon Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used by landlords in Oregon to initiate eviction proceedings against tenants who refuse to leave the premises upon receiving a demand to surrender. By filing this complaint, landlords seek to regain legal possession, resolve lease violations, or address other breach of agreement situations leading to eviction.
