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.
Rhode Island Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to initiate eviction proceedings against a residential tenant who continues to occupy a rental property after their lease has expired. Keywords: Rhode Island, unlawful detained, residential tenant, holding over, expiration of term, eviction proceedings In Rhode Island, if a residential tenant refuses to vacate the rental property after the expiration of their lease term, the landlord can file a Complaint for Unlawful Detained to seek legal recourse and regain possession of the property. Here are the relevant details of the complaint: 1. Parties involved: The complaint identifies the landlord (plaintiff) and the residential tenant (defendant) holding over after the expiration of the lease term. 2. Property details: The complaint includes detailed information about the rental property, such as the address, unit number, and any pertinent specifications. 3. Lease agreement: The complaint establishes the existence of a lease agreement between the landlord and the tenant by referring to its date, duration, and any relevant provisions. 4. Non-compliance with lease terms: The complaint outlines how the tenant violated the lease agreement by holding over after the lease term expired. It may include specific lease clauses that prohibit such actions. 5. Notice to quit or vacate: The complaint details the landlord's prior attempts to resolve the matter, including the delivery of a Notice to Quit or Vacate, which formally notifies the tenant to leave the premises within a specified period. 6. Failure to vacate: The complaint asserts that despite receiving the Notice to Quit or Vacate, the residential tenant has failed to vacate the premises, thereby warranting legal intervention. If applicable, different types of Rhode Island Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term could include variations based on specific circumstances: 1. Failure to pay rent: In addition to holding over after the lease term, the tenant may also be in arrears with their rent payments, which further justifies the eviction process. 2. Lease violation: The tenant may have violated other terms of the lease agreement, aside from holding over, such as unauthorized pet ownership or conducting illegal activities on the premises. 3. Property damage: If the tenant has caused significant damage to the rental property or failed to maintain it as required, the landlord may include this as a separate claim in the complaint. It is essential to consult with an attorney familiar with Rhode Island's laws and regulations to ensure the accurate preparation and filing of the Complaint for Unlawful Detained.Rhode Island Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to initiate eviction proceedings against a residential tenant who continues to occupy a rental property after their lease has expired. Keywords: Rhode Island, unlawful detained, residential tenant, holding over, expiration of term, eviction proceedings In Rhode Island, if a residential tenant refuses to vacate the rental property after the expiration of their lease term, the landlord can file a Complaint for Unlawful Detained to seek legal recourse and regain possession of the property. Here are the relevant details of the complaint: 1. Parties involved: The complaint identifies the landlord (plaintiff) and the residential tenant (defendant) holding over after the expiration of the lease term. 2. Property details: The complaint includes detailed information about the rental property, such as the address, unit number, and any pertinent specifications. 3. Lease agreement: The complaint establishes the existence of a lease agreement between the landlord and the tenant by referring to its date, duration, and any relevant provisions. 4. Non-compliance with lease terms: The complaint outlines how the tenant violated the lease agreement by holding over after the lease term expired. It may include specific lease clauses that prohibit such actions. 5. Notice to quit or vacate: The complaint details the landlord's prior attempts to resolve the matter, including the delivery of a Notice to Quit or Vacate, which formally notifies the tenant to leave the premises within a specified period. 6. Failure to vacate: The complaint asserts that despite receiving the Notice to Quit or Vacate, the residential tenant has failed to vacate the premises, thereby warranting legal intervention. If applicable, different types of Rhode Island Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term could include variations based on specific circumstances: 1. Failure to pay rent: In addition to holding over after the lease term, the tenant may also be in arrears with their rent payments, which further justifies the eviction process. 2. Lease violation: The tenant may have violated other terms of the lease agreement, aside from holding over, such as unauthorized pet ownership or conducting illegal activities on the premises. 3. Property damage: If the tenant has caused significant damage to the rental property or failed to maintain it as required, the landlord may include this as a separate claim in the complaint. It is essential to consult with an attorney familiar with Rhode Island's laws and regulations to ensure the accurate preparation and filing of the Complaint for Unlawful Detained.
